UC-NRLF 


B 

THE 


SCHOOL  LAWS 

OF 

SOUTH  DAKOTA 


ANNOTATED    EDITION 


1915 


Published   by 

THE   CAPITAL  SUPPLY   COMPANY 
Pierre,  S.  D. 


GIFT   OF 


THE 


SCHOOL  LAWS 


OF 


SOUTH  DAKOTA 


ANNOTATED    EDITION 


1515,  by  the  Capita!  Supply  Company, 


Published    by 

THE    CAPITAL   SUPPLY    COMPANY 
Pierre,  S.  D. 


The  present  edition  of  the  School 
Law  of  the  state  is  a  complete  codi- 
fication of  all  political,  civil  and 
criminal  laws  dealing  with  the  affairs 
of  the  state  in  an  educational  way. 
This  also  includes  all  decisions  by 
the  supreme  court  and  opinions  ren- 
dered by  the  several  attorneys  gen- 
eral to  date. 

All  sections  not  otherwis-3  credited 
were  enacted  into  law  by  the  1907 
session  of  the  State  Legislature. 


THE  SCHOOL  LAW 

OF 

SOUTH  DAKOTA 


KSTAHLISIIING    A    UNIFORM   SYSTEM  OF  EDUCATION  FOR  THE 
STATE  OF  SOUTH  DAKOTA 


ARTICLE  I 
Department   of    Public   Instruction 

Section  1.  State  Supervision]  The  superintendent  of  public 
instruction  shall  be  charged  with  the  general  supervision  of  all  the 
county  schools  and  the  high  schools  and  of  all  the  city  and  county 
superintendents  of  the  state. 

S.'c.  2.  Superintendent — Duties  of]  He  shall  meet  the  county 
superintendents  in  convention  at  least  once  each  year  at  such  points 
in  the  state  as  he  may  deem  most  suitable  for  that  purpose  and  by 
explanation  and  discussion  endeavor  to  secure  a  more  uniform  and 
efficient  administration  of  the  school  laws. 

.  3.  He,  personally  or  by  an  assistant,  shall  inspect  all  high 
schools  and  shall  have  the  power  to  accredit  them  to  higher  institu- 
tions or  learning. 

Sec.  4.  The  state  superintendent  of  public  instruction  shall  ren- 
der a  written  opinion  to  any  county  superintendent  asking  it,  touch- 
ing the  exposition  or  administration  of  the  school  law,  and  shall  de- 
termine all  cases  relating  to  the  revocation  of  certificates  appealed 
from  the  county  superintendent.  (Chapter  140,  Session  Laws  1909.) 

.">.      All  necessary  blanks  to  be  used  in  transacting  the  bus- 
iness between  county  or  city  superintendents  and  the  state  superinten- 
shall  be  supplied  by  the  state  superintendent.     He  shall  also  com- 
pile a  book  of  forms  or  blanks  not   furnished  by   the  state,   and   all 


381820 


LAWS 

blanks  used  in  a  county  or  district  must  correspond  with  a  form  in 
such  book. 

Sec.  6.  On  on  before  the  thirtieth  day  of  October  preceding 
each  regular  session  of  the  legislature,  he  shall  present  a  biennial 
report  to  the  governor,  which  report  shall  show  the  condition  and 
needs  of  the  public  schools  throughout  the  state  and  the  workings  of 
the  educational  system  of  the  state. 

Sec.  7.  He  shall  attend  teachers'  institutes  in  the  several  coun- 
ties in  the  state  as  far  as  may  be  consistent  with  other  duties  imposed 
by  law,  and  assist  by  lecture  or  otherwise  in  their  instruction  or  man- 
agement. The  state  superintendent  shall  prescribe  rules  and  regula- 
tions for  holding  county  normal  institutes. 

Sec.  8.  He  shall  on  or  before  March  1st  in  each  year,  prepare 
and  send  to  each  county  superintendent  a  list  of  the  names  of  institute 
conductors,  and  county  superintendents  shall  engage  conductors  for 
their  county  normal  institutes  from  the  list  sent  by  the  superintendent 
of  public  instruction. 

Sec.  9.  He  shall  on  or  before  the  1st  day  of  April  of  each  year 
call  a  meeting  of  the  county  institute  conductors  for  the  purpose  of 
exchanging  views  relative  to  the  best  methods  of  teaching  and  for 
outlining,  as  far  as  practicable,  a  general  plan  for  institute  work. 

Sec.  10.  Examinations]  Public  examination  for  state  certifi- 
cates and  life  diplomas  shall  be  held  by  the  superintendent  of  public 
instruction  at  least  twice  each  year,  at  such  time  and  places  as  he 
shall  select  with  a  view  to  the  accommodation  of  applicants  for  such 
certificates. 

Sec.  11.  It  shall  be  his  duty  to  prepare  all  questions  for  the 
examination  of  teachers  by  the  county  superintendents,  and  no  county 
superintendent  shall  examine  teachers  with  questions  not  thus  fur- 
nished. Whosoever  shall  sell,  barter  or  give  away  to  applicants  for 
certificates  or  to  any  other  person  the  questions  prepared  by  the  sup- 
erintendent of  public  instruction  to  be  used  by  the  county  superintend- 
ents in  the  examination  of  teachers  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  shall  be  fined  not  less  than  twenty- 
five  dollars  or  more  than  one  hundred  dollars. 

Sec.  12.  State  Certificates  and  Life  Diplomas]  The  superin- 
tendent ot  Public  Instruction  may  issue  two  professional  certificates, 
the  state  certificate  and  the  life  diploma,  as  hereinafter  provided.  He 
shall  keep  a  full  record  of  all  certificates  issued  by  him  and  carefully 
file  in  his  office  all  papers  relating  thereto  and  preserve  said  papers 
for  the  period  for  which  the  certificates  were  issued  respectively.  He 
shall  subsequent  to  each  examination,  send  to  each  county  superin- 
tendent a  list  of  persons  receiving  certificates. 


SOUTH  DAKOTA  5 

Sec.  13.  Life  Diploma]  A  life  diploma  shall  be  valid  during 
good  behavior  and  shall  authorize  the  holder  thereof  to  teach  in  any 
public  school  of  the  state.  Applicants  shall,  by  examination  or  other- 
wise show  satisfactory  proficiency  in  the  following  barnches:  Read- 
ing, orthography,  penmanship,  arithmetic,  grammar,  composition, 
geography,  United  States  history,  including  South  Dakota  history, 
civics  and  physiology  and  hygiene  and  shall  pass  a  satisfactory  exam- 
ination in  physical  geography,  physics,  algebra,  geometry,  general 
history  of  the  pre-college  grade,  and  in  English  language,  and  rhetoric, 
English  and  American  literature,  either  economics  or  sociology,  any 
two  of  botany,  zoology,  physiology,  physics,  chemistry,  Latin,  German, 
geology  and  mineralogy,  astronomy,  algebra  and  trignometry,  all  of 
the  college  grade  and  pedagogy  including  principles,  method,  manage- 
ment, psychology,  and  history  of  education. 

Provided,  that  a  diploma  from  the  state  university  of  South  Da- 
kota or  from  any  approved  college  having  a  regular  course  of  study 
in  which  at  least  four  years'  work  above  an  approved  four  year  high 
school  course  is  required,  may  be  accepted  in  lieu  of  an  examination 
in  the  subjects  named;  if  the  applicant  has  in  his  college  course  pur- 
sued one  course  of  pedagogical  studies,  and  professional  training  com- 
prising at  least  one-fourth  work  during  at  least  eighteen  months.  In 
case  the  holder  of  such  diploma  has  not  taken  the  required  work  in 
pedagogy  the  deficieny  may  be  made  good  by  examination. 

Provided  further,  that  a  diploma  from  any  state  normal  school 
having  a  regular  course  of  study  in  which  at  least  two  years'  work 
above  an  approved  four  year  high  school  course  is  required,  or  from 
any  other  normal  school  having  a  regular  course  of  study  of  the  same 
extent  and  simlar  in  character  may  be  accepted  in  lieu  of  an  examina- 
tion in  the  subjects  named. 

An  applicant  for  a  life  diploma  by  examination  or  otherwise 
must  present  evidence  of  at  least  forty  months'  successful  experience 
in  teaching  and  satisfactory  evidence  of  good  moral  character. 

An  applicant  for  a  life  diploma  upon  college  or  normal  school 
credentials  shall  present  a  certified  copy  of  his  diploma  accompanied 
by  a  certified  copy  of  the  course  of  study  pursued  specifically  show- 
ing the  amount  of  class  work  in  each  subject,  together "  with  the 
standing  in  each  branch. 

Sec.  14.  State  Certificate]  A  state  certificate  shall  authorize 
the  person  to  whom  it  is  issued  to  teach  in  any  of  the  public  schools 
of  the  state  for  the  period  of  five  years.  Applicants  for  such  state 
certificate  shall,  by  examination  or  otherwise,  show  satisfactory  pro- 
ficiency in  orthography,  reading,  penmanship,  arithmetic,  geography, 
English  grammar,  physiology  and  hygiene,  United  States  history  in- 
cluding South  Dakota  history,  and  shall  pass  a  satisfactory  examina- 
tion in  civil  government,  American  literature,  drawing,  algebra,  plane 
geometry,  physical  geography,  physics  or  botany,  general  history,  ped- 


6  SCHOOL   LAWiS 

agogy  and  English  language,  composition  and  rhetoric.  He  must  also 
present  evidence  of  twenty-four  months'  successful  experience  in  teach- 
ing. 

Provided,  that  a  diploma  from  any  state  Normal  School  of  South 
Dakota,  having  a  course  of  study  in  which  at  least  two  year's  work 
above  an  approved  four  year  high  school  course  is  required,  may  be 
accepted  in  lieu  of  an  examination  in  the  subjects  named.  Provided 
further,  that  a  diploma  from  any  other  school  having  a  course  of 
study  equivalent  in  extent  and  similar  in  character,  may  be  accepted 
in  lieu  of  an  examination  in  the  subjects  named. 

Provided,  further,  that  applicant  for  the  state  certificate,  upon 
Normal  or  other  school  credentials,  must  show  that  the  course  of  study 
pursued  therein  contained  a  course  of  at  least  eighteen  months  of 
pedagogy  and  professional  training,  comprising  at  least  one-fourth 
work  for  said  time.  They  shall  present  their  credentials  to  the  de- 
partment of  education  in  the  same  manner  as  is  provided  for  appli- 
cants for  life  diploma.  An  applicant  who  presents  evidence  of  gradu- 
ation from  a  normal  or  other  school  shall  also  present  evidence  of 
eighteen  months'  successful  experience  in  teaching  before  being  en- 
titled to  said  certificate,  provided  that  the  superintendent  of  public  in- 
struction may  issue  to  such  applicant  a  provisional  certificate  for  such 
probationary  period.  Every  applicant  for  a  state  certificate  shall  sub- 
mit satisfactory  evidence  of  good  moral  character.  (Chapter  136 
Session  Laws  1911.) 

Sec.    15.      Renewal,    Validation,    and    Revocation    of    Certificate] 

The  superintendent  of  public  instruction  may  renew  a  state  certificate 
upon  the  presentation  by  the  applicant  of  satisfactory  evidence  of  con- 
tinued and  successful  experience  as  a.  teacher  and  satisfactory  evi- 
dence of  full  attendance  at  a  county  institute  held  the  current  year. 
He  may  similarly  renew  a  first  grade  certificate  and  primary  certificate. 

Provided,  that  a  certificate  which  is  permitted  to  lapse  more  than 
one  year  shall  not  be  renewable. 

The  state  superintendent  may  validate  certificates  issued  by 
other  state  departments  of  the  United  States  of  the  rank  of  the  life 
diploma,  state  certificate,  first  grade  or  second  grade  certificate  in  this 
state,  provided  that  the  requirements  upon  which  they  are  issued  are 
equivalent  to  the  requirements  for  corresponding  certificates  in  South 
Dakota. 

State  certificates  and  life  diplomas  shall  be  revoked  by  the 
superintendent  of  public  instruction  for  any  of  the  causes  enumerated 
in  section  64  of  the  recovation  of  certificates  by  county  superintend- 
ents, and  in  a  manner  similar  thereto.  (Chapter  174,  Session  Laws 
1915.) 

Life  diplomas  issued  prior  to  the  enactment  of  the  compulsory  institute 
attendance  law  may  be  revoked.  Opinion  by  Philo  Hall,  Attorney  General. 

Sec.    16.     Applicants    for   a   life    diploma,    except   resident    grad- 


SOUTH  DAKOTA  7 

uates  of  the  schools  of  this  state,  shall  pay  a  fee  of  ten  dollars  ($10.00), 
and  similarly,  applicants  for  a  State  certificate  shall  pay  a  fee  of  five 
dollars  ($5.00),  and  for  a  provisional  State  certificate  two  dollars 
($2.00);  provided,  that  should  an  applicant  fail  in  such  examination 
one-half  of  the  fee  shall  be  returned. 

All  these  fees  shall  be  forwarded  to  the  State  Department  of 
Public  Instruction  and  the  State  Superintendent  shall  pay  the  same 
into  the  State  Treasury,  which,  with  the  money  now  on  hand^  derived 
from  this  source,  shall  constitute  a  fund  to  be  known  as  the  State 
Professional  Fund,  and  the  moneys  so  collected  shall  be  paid  out  only 
upon  the  warrant  of  the  State  Auditor,  issued  on  vouchers  of  the  Su- 
perintendent of  Public  Instruction,  approved  by  the  Governor. 

Said  State  Professional  Fund  shall  be  used  for  the  purpose  of  con- 
ducting investigations,  and  gathering  data  of  the  progress  of  education 
in  this  state  and  elsewhere;  to  publish  such  data  and  the  results  of 
such  investigations  and  to  distribute  the  same  to  teachers,  citizens  and 
others,  and  for  furthering  in  other  ways  the  profession  of  teaching. 
(Chapter  144  Session  Laws  1911.) 

A   r.  sident  graduate  is  entitled  to  a  diploma  or  state  certificate  without 

even   though  he  may  have  subsequently  attended  and  graduated   from 

other  .similar  schools  outside  of  the  state.     Opinion  by  Philo  Hall,  Attorney 

•Mil. 

Sec.    17.      Teachers*    Reading    Circle    Board    of   Managers]       The 

Teachers'  Reading  Circle  Board  of  Managers  shall  consist  of  the  pres- 
ident of  the  state  educational  association,  the  superintendent  of  public 
instruction  and  a  member  elected  by  the  county  superintendents  of  the 
state. 

The  president  of  the  State  Educational  Association  shall  be  the 
president  of  the  board  and  the  members  of  the  board  shall  elect  a 
secretary  who  shall  not  be  of  their  number  and  who  shall  have  no 
voice  in  the  proceedings  of  the  board.  The  secretary  shall  receive 
such  salary  as  may  be  fixed  by  the  board  who  shall  also  prescribe  his 
duties.  The  board  of  managers  of  the  Teachers'  Reading  Circle  shall 
hold  at  least  one  meeting  each  year  to  select  the  books  to  be  read, 
and  shall  have  general  charge  of  the  Teachers'  Reading  Circle  work  in 
the  state.  The  members  of  the  board  of  managers  shall  receive  no 
compensation  but  their  actual  traveling  expenses  incurred  in  the  dis- 
charge of  their  duties  shall  be  paid  from  the  fees  collected  for  state 
certificates  and  life  diplomas  in  the  manner  hereinbefore  provided. 

Sec.  18.  Office  Provided]  An  office  shall  be  provided  for  him 
at  the  seat  of  government  in  which  he  shall  file  all  papers,  reports  and 
public  documents  transmitted  to  him  by  the  county  superintendents 
each  year,  separately,  and  hold  the  same  in  readiness  to  be  ex- 
hibited to  the  governor  or  a  committee  of  either  house  of  the  legis- 
lature at  any  time  when  required,  and  he  shall  keep  a  faithful  record  of 
all  matters  pertaining  to  his  office.  All  books  presented  to  his  office  or 
purchased  therefor  shall  be  carefully  preserved  and  catalogued  by 


8  SCHOOL   LAWS 

him.      The    educational    library    thus    formed    shall    be    open    to    the 
teachers  of  the  state  for  reference  and  examination. 

Sec.  J9.  Deputy  Superintendent]  He  shall  have  the  power 
to  appoint  a  deputy  who  shall  perform  such  duties  pertaining  to  the 
office  as  the  superintendent  may  direct  and  who  shall  receive  such 
salary  as  the  deputies  of  the  other  state  officers. 

The  salary  of  the  deputy  superintendent  of  public  instruction  may  be 
diminished  or  increased  during:  his  term  of  office  as  he  has  no  definite  term, 
but  only  during  the  pleasure  of  his  principal.  Somers  v.  State,  5  S.  D.  584. 

Section  of  1816  of  the  Political  Code  provides  that  the  appointment  of 
the  deputy  must  be  in  writing  and  must  be  filed  with  the  same  official  as 
where  the  bond  of  the  principal  is  filed.  A  revocation  of  the  appointment 
of  a  deputy  must  also  be  made  in  writing  and  similarily  filed.  A  bond 
in  half  the  sum  of  the  principal's  bond  may  be  required  by  the  principal 
for  his  own  protection.  The  principal  is  responsible  for  the  deputy's  acts. 

Section  1818  of  the  Political  Code  requires  that  the  deputy  shall  take 
and  subscribe  to  the  same  oath  as  the  principal.  This  should  be  indorsed 
upon  the  certificate  of  appointment. 

Sec.  20.  Salary  of  Superintendent]  He  shall  receive  such  sal- 
ary as  is  prescribed  by  law  and  also  a  sum  not  exceeding  fifteen  hun- 
dred dollars  per  annum  for  traveling  and  other  expenses  while  travel- 
ing on  the  business  of  the  department.  The  traveling  expense  account 
and  certified  bills  for  necessary  office  expenses  and  for  the  printing 
of  such  blanks  and  reports  as  are  required  by  law,  shall  be  paid  on 
the  warrant  of  the  state  auditor. 


ARTICLE  II 

County  Supervision 

Sec.  21.  Election  of  Superintendent]  In  each  organized  county 
at  the  first  general  election  held  after  the  admission  of  the  state  of 
South  Dakota  into  the  Union,  and  every  two  years  thereafter  there 
shall  be  elected  a  superintendent  of  schools  whose  term  shall  be  two 
years,  and  no  person  shall  be  eligible  for  more  than  four  years  in 
succession. 

Sec.  22.  Eligibility]  No  person  shall  be  eligible  to  hold  the 
office  of  county  superintendent  who  is  not  the  holder  of  a  regular  first 
grade  certificate  or  a  certificate  of  higher  grade  valid  in  the  state  at 
the  date  of  his  induction  into  such  office  and  at  least  one  year  previous 
thereto. 

Held  that  a  person  who  had  served  for  two  terms  was  not  legally  qual- 
ified for  election  or  appointment  to  another  term  only,  and  did  not  pre- 
clude a  county  superintendent  who  had  served  for  two  successive  terms 
from  holding  over  until  a  de  jure  superintendent  was  elected  or  appointed 
in  his  place  on  it  being  determined  that  the  person  elected  to  succeed  him 
was  ineligible.  27  S.  D.  519. 

That  if  any  person  shall  file  any  statement  on  oath,  with  the 
county  auditor  15  days  prior  to  the  holding  of  any  primary  election, 
or  other  election,  that  any  person  whose  name  has  been  certified  to 
the  county  auditor  as  a  candidate  for  county  superintendent  upon  any 


SOUTH  DAKOTA  9 

ticket  is  not  qualified  under  the  provisions  of  this  act  to  hold  the 
office  of  county  superintendent,  said  candidate  shall  within  five  days 
after  being  notified  of  said  statement  being  filed,  file  with  the  county 
auditor  full  proof  that  he  is  qualified  to  hold  said  office,  and  if  he  fails 
to  do  so,  the  name  of  said  person  shall  not  be  placed  upon  the  official 
ballot  as  a  candidate  by  the  county  auditor.  (Session  Laws  1909.) 

Sec.  23.  Qualification].  .The  county  superintendent  shall  quali- 
fy on  or  before  the  first  Tuesday  in  January  of  the  year  following  the 
one  in  which  he  is  elected,  by  taking  the  proper  oath  of  office,  and 
executing  a  bond  in  the  sum  of  five  hundred  dollars  with  two  or  more 
sureties  to  be  approved  by  the  board  of  county  commissioners.  The 
oath  shall  be  subscribed  upon  the  back  of  the  bond,  which  shall  be 
filed  with  the  county  auditor.  The  sureties  of  such  bond  shall  be 
bound  jointly  and  severally,  and  upon  it  an  action  or  actions  may  be 
maintained  by  the  board  of  county  commissioners  for  the  benefit  of 
the  district  or  person  or  fund  injured  by  the  conditions  thereof. 

Sec.  24.  When  the  office  of  county  superintendent  shall  become 
vacant  by  death,  resignation,  removal  or  otherwise,  the  county  board 
of  commissioners  shall  fill  the  vacancy  by  appointement,  and  the 
person  so  appointed  shall  hold  his  office  until  the  election  of  county 
officers. 

Sec.  25.  Deputy  County  Superintendent]  In  counties  having 
more  than  sixty-five  schools,  the  county  superintendent  shall  have 
power  to  appoint  a  deputy  or  clerk,  who  shall  receive  such  reasonable 
monthly  compensation  as  the  county  commissioners  may  decide. 
(Chapter  177,  Session  Laws  1915.) 

-iuty  county  superintendent  can  perform  any  act  that  may  be  per- 
formed by  the  principal.  He  can  act  as  chairman  of  the  county  board  of 
education.  Opinion  by  Royal  C.  Johnson,  Attorney  General. 

In  determining  the  number  of  schools  in  a  county  the  several  depart- 
ments of  a  graded  school  should  not  be  counted  as  schools,  but  the  graded 
school  of  the  city  or  town  should  be  counted  as  one  school.  Opinion  by  S. 
trk,  Attorney  General. 

In  determining  the  number  of  schools  in  a  county  the  several  depart- 
ments of  a  graded  school  should  not  be  counted  as  schools,  but  the  graded 
school  of  the  city  or  town  should  be  counted  as  one  school.  Opinion  by 
S.  w.  Clark,  Attorney  General. 

In  counties  having  more  than  seventy-five  schools  the  county  superin- 
tendent has  power  to  appoint  deputy  and  the  county  commissioners  must 
provide  a  just  compensation.  They  cannot  defeat  this  provision  by  allow- 
ing a  small  compensation.  Opinion  by  S.  W.  Clark,  Attorney  General. 

Sec.  26.  Prohibition  From  Holding  Other  Offices]  The  county 
superintendent  shall  not  hold  the  office  of  county  commissioner  or 
school  district  officer. 

Sec.  27.  Salary]  The  county  superintendent  shall  receive  a  sal- 
ary payable  monthly  and  to  be  determined  as  follows:  By  the  value 
of  the  property  in  their  respective  counties  as  fixed  by  the  state  board 
of  equalization  for  the  preceding  year  and  by  the  population  of  their 
respective  counties. 


10  SCHOOL  LAWS 

The  salary  of  the  county  superintendent  is  fixed  by  the  board  of  coun- 
ty commissioners  at  their  January,  meeting  each  year,  but  is  payable 
monthly.  Opinion  by  S.  W.  Clark  .Attorney  General. 

He  shall  be  entitled  to  receive  one  mill  on  each  dollar  of  the 
first  one  hundred  thousand  dollars,  and  three-eighths  of  one  mill  on 
each  dollar  from  one  hundred  thousand  dollars  to  six  hundred  thou- 
sand dollars,  and  one-fourth  of  one  mill  on  each  dollar  from  six  hun- 
dred thousand  dollars  to  one  million,  one  hundred  thousand  dollars; 
and  one-tenth  of  one  mill  on  each  dollar  from  one  million,  one  hun- 
dred thousand  dollars  to  two  million,  six  hundred  thousand  dollars; 
and  one  twentieth  of  one  mill  on  each  dollar  on  all  sums  above  two 
million,  six  hundred  thousand  dollars.  And  in  addition  to  the  above 
named  sum  he  shall  receive  for  the  first  one  thousand  inhabitants 
within  his  county  the  sum  of  seventy-five  dollars,  for  each  additional 
one  thousand  inhabitants  within  the  county,  or  major  fraction  thereof, 
he  shall  receive  fifty  dollars; 

Provided,  that  he  shall  not  receive  more  than  fifteen -hundred  in 
any  county  nor  any  other  compensation,  except  as  provided  in  sec- 
tion 52. 

Provided  further,  that  in  counties  having  an  assessed  valuation 
of  less  than  three  hundred  thousand  dollars,  the  salary  shall  not  ex- 
ceed two  hundred  dollars.  (Chapter  90,  Session  Laws  1913.) 

Sec.  27a.  Whenever  the  salary  of  any  county  officer  is  based  upon 
the  assessed  valuation  of  the  property  of  his  county,  such  valuation, 
for  the  purpose  of  determining  his  salary  hereafter  shall  be  figured 
upon  the  basis  of  the  1912  assessment,  as  returned  by  the  State  Board 
of  Equalization.  ^Provided,  that  if  in  any  county  the  ratio  of  its  val- 
uation for  any  year  subsequent  to  1912,  as  compared  with  the  valua- 
tion of  the  property  of  this  State,  increases  above  the  average  increase 
of  valuation  for  subsequent  years  within  the  State,  then  the  percentage 
of  its  increase  above  the  average  increase  in  valuation  within  the 
State  shall  be  added  to  the  assessment  of  any  such  county  for  1912  as 
the  basis  of  fixing  and  regulating  the  salaries  of  any  such  county 
officer.  (Chapter  128,  Session  Laws  1915.) 

Sec.  28.  Penalty]  The  county  superintendent  shall  sign  his 
name  in  the  attendance  register  of  each  school  he  visits,  showing  date 
thereof;  and  he  shall  carry  a  record  book  of  such  visits,  which  book 
shall  be  signed  by  the  teacher  of  the  school  visited  by  him,  and  such 
book  shall  be  filed  with  the  county  auditor  along  with  the  bill  of  such 
superintendent's  salary  for  the  last  month  of  the  calendar  year;  and 
it  shall  be  the  duty  of  the  county  commissioners  to  deduct  from  the 
salary  of  such  superintendent  for  such  last  month  ten  dollars  for  each 
and  every  school  in  the  county  under  the  direct  supervision  of  such 
superintendent  and  not  visited  by  him  within  such  calendar  year. 

Sec.  29.  The  county  superintendent  of  schools  shall  receive  five 
cents  per  mile  each  way  for  every  mile  necessarily  travelled  in  attend- 


SOUTH  DAKOTA  11 

ing  such  meeting  of  county  superintendents  as  may  be  convened  by  the 
state  superintendent  at  any  time. 

Provided,  that  the  county  superintendent  shall  be  reimbursed  by 
the  county  for  the  necessary  traveling  expenses  incurred  in  visiting 
schools  or  attending  teachers'  meetings  within  the  county.  The  coun- 
ty superintendent  shall  make  and  furnish  quarterly  to  the  county 
commissioners  an  itemized  statement  of  said  expenses  subscribed  and 
sworn  to,  which  claims  shall  be  audited  and  ordered  paid  by  the  board 
of  county  commissioners  as  are  other  claims  against  the  county;  the 
total  of  such  sums  allowed  a  county  superintendent  in  any  one  year 
shall  not  exceed  Two  Hundred  ($200.00)  Dollars. 

Provided,  that  the  mileage  and  traveling  expenses  herein  pro- 
vided for  shall  not  be  regarded  as  compensation.  (Chapter  179,  Ses- 
sion Laws  1915.) 

See.  30.  Provide  Office]  The  county  superintendent  may  pro- 
vide at  the  county  seat  a  suitable  office  for  the  transaction  of  business, 
when  not  provided  by  the  board  of  county  commissioners,  and  they 
shall  allow  accounts  for  all  necesary  expenditures  for  the  use  and  fur- 
nishing of  said  office  and  for  necessary  stationery  and  printing.  All 
books  and  pamphlets,  circulars  of  information  and  other  publications 
from  the  bureau  of  information  of  the  United  States  and  all  official 
publications  of  this  state  and  other  public  documents  and  books  relat- 
ing to  education,  officially  received  by  him,  shall  be  deemed  public 
property  and  shall  be  kept  in  his  office,  and,  with  other  public  prop- 
erty and  records,  delivered  to  his  successor.  He  shall  furnish  the 
board  of  county  commissioners  such  statistics  relating  to  the  schools 
of  the  county  and  the  officers  thereof  as  they  shall  desire,  and  as  shall 
enable  them  to  perform  their  duties  correctly. 

Sec.  31.  Duties  of  County  Superintendent]  The  county  super- 
intendent of  schools  shall  be  charged  with  the  general  supervision  of 
the  schools  of  his  county.  In  towns  having  less  than  one  thousand 
inhabitants  he  shall  have  authority  of  direct  supervision. 

county    superintendent    does    not    have    authority    to    forbid    work 
th  grade  in   towns  or  districts  having  a  population 

:52.  He  shall  visit  each  school  in  his  county  as  frequently 
as  possible,  at  least  once  each  school  year,  correcting  any  dificiency 
that  may  exist  in  the  government  of  the  school,  in  the  classification 
of  the  pupils,  or  in  the  methods  of  instruction  in  the  several  branches 
taught;  make  such  suggestions  as  he  shall  deem  proper  and  necessary 
for  the  welfare  of  the  school;  note  the  character  and  condition  of  the 
school  house,  furniture,  apparatus  and  grounds,  making  such  sugges- 
tions to  the  district  officers  as  will  in  his  opinion  improve  the  same. 
In  case  of  flagrant  or  wilful  neglect  on  the  part  of  the  school  board 
to  make  the  necessary  repairs  for  the  school  or  to  correct  unsanitary 
conditions  or  provide  suitable  water  closets  according  to  section  109 


12  SCHOOL  LAWS 

of  the  article  relating  to  powers  and  duties  of  the  district  school 
board,  within  thirty  days  after  written  notice,  he  shall  have  power  to 
order  such  repairs  and  changes  as  he  may  deem  necessary  and  the 
school  district  shall  pay  expenses  thus  incurred  from  the  district  treas- 
ury, not  to  exceed  $50.00  in  any  one  year. 

Sec.     33.     He  shall  keep  a  complete  record  of  his  official  acts. 

Sec.  34.  He  shall  keep  a  record  of  the  name,  age  and  postoffice 
address  of  each  candidate  for  a  certificate  to  teach,  standing  in  each 
study,  ,and  the  grade,  date  of  issue  and  expiration  of  each  certificate 
granted.  He  shall  keep  on  file  the  papers  of  applicants  for  special 
certificates  at  least  for  the  periods  for  which  a  certificate  is  granted. 

Sec.  35.  He  shall  keep  a  register  of  the  teachers  employed  in 
his  county  giving  the  name  of  teachers,  district  in  which  employed, 
date  of  opening  and  closing  terms,  salary  per  month,  grade  of  certifi- 
cate and  date  of  superintendent's  visits. 

Sec.  36.  He  shall  keep  a  record  of  all  apportionments  of  the 
state  and  county  school  funds,  and  such  other  statistical  records  as 
shall  be  required  in  making  reports  to  the  superitendent  of  public 
instruction.  In  addition  to  his  annual  report  he  shall,  whenever  called 
upon  by  the  superintendent  of  public  instruction,  make  such  special 
reports  as  may  be  required. 

Sec.  37.  The  county  superintendent  of  schools  shall  encourage 
teachers'  institutes  and  associations,  and  shall  labor  in  every  practi- 
cable way  to  elevate  the  standard  of  teaching,  urge  the  continual  em- 
ployment of  successful  and  efficient  teachers,  and  prevent  by  all  proper 
means,  the  employment  of  those  who  are  incompetent  and  inefficient 
and  seek  to  make  the  employment  of  all  teachers  a  responsible  public 
duty,  for  the  public  adv  ntage  only,  and  free  from  favor  and  sectarian 
interest. 

Sec.  38.  It  shall  be  the  duty  of  the  county  superintendent  to 
hold  «lij?trict  institutes  during  the  school  year,  and  he  shall  actively 
and  earnestly  promote  the  same.  In  holding  said  institutes  he  may 
group  two  or  more  districts  in  institute  organization.  Said  districts 
shall  be  so  arranged  that  the  teachers  in  each  district,  or  group  of  dis- 
tricts, shall  have  the  benefit  of  such  institutes  at  least  twice  during 
the  school  year.  He  may  in  .his  discretion  close  a  part  or  all  of  the 
schools  of  his  county,  not  to  exceed  two  days  in  a  school  year,  for  the 
purpose  of  convening  his  teachers  in  convenient  places  for  teachers' 
meetings  or  for  institute  purposes.  .Provided,  that  the  teachers  at- 
tending such  meetings  shall  sustain  no  loss  of  pay. 

Sec.  39.  It  shall  be  the  duty  of  the  county  superintendent  to 
encourage  the  formation  of  Teachers'  Reading  Circle  in  his  county. 
He  shall  report  on  or  before  December  fifteenth  of  each  year,  to  the 


SOUTH  DAKOTA  13 

secretary  of  the  State  Teachers'  Reading  Circle  the  enrollment  of  all 
•jus  in  his  county  known  to  him  to  be  pursuing  the  work  of  said 
circle,  plans  by  which  the  work  thereof  is  being  carried  on,  and  all 
crs  of  general  interest  thereto.     He  shall,  under  the  direction  of 
the  superintendent  of  public  instruction,  arrange  for  an  annual  exam- 
ination in  the  State  Teachers'  Reading  Circle  course  in  his  county  and 
.-.11  be  his  duty  to  preside  at  the  same  or  to  appoint  some  compe- 
tent person  to  do  so;   to  collect  all  papers  submitted  and  to  forward 
the  same  promptly  to  the  secretary  of  -the  board  of  managers.      He 
shall  cooperate  as  fully  as  possible  with  the  board  of  managers  of  the 
State  Teachers'  Reading  Circle  in  advancing  the  work  of  that  organ- 
ization. 

Sec.  40. *  County  Normal  Institute]  It  shall  be  the  duty  of  the 
county  superintendent  to  hold  annually  a  normal  institute,  between 
the  first  day  of  April  and  the  fifteenth  day  of  September,  of  not  less 
than  five  days'  duration,  for  the  instruction  of  teachers  and  those  who 
desire  to  teach,  and  he  shall  procure  such  assistance  in  addition  to  the 
conductor  as -he  may  deem  necessary. 

At  the  close  of  the  normal  institute  the  conductor  thereof  shall 
immediately  certify  to  the  county  auditor  the  dates  of  opening  and 
closing  said  institute  and  forward  to  him  a  certified  copy  of  his  com- 
mission. The  county  auditor  shall  immediately  present  such  data  to 
the  county  treasurer,  who  shall  thereupon  transfer  from  the  county 
general  fund  to  the  county  institute  fund  the  equivalent  of  ten  cents 
per  capita  upon  the  school  census  of  the  county  for  the  current  year, 
provided,  that  if  the  per  capita  amount  so  ascertained  shall  be  less 
than  $150  in  any  county  then  at  least  the  sum  of  one  hundred  fifty 
dollars  shall  be  transferred  by  the  board  of  county  commissioners  to 
the  county  institute  fund. 

Provided,   that   the   county  commissioners   may   make   additional 
appropriation  to  the  county  institute  fund  when  in  their  judgment  it 
is  necessary  in  order  to  provide  an  effective  institute.     All  disburse- 
ments of  the  institute  fund  shall  be  made  upon  warrant  of  the  county 
auditor  upon  certified   itemized  bills,   approved  by  the  county  super- 
dent   for   services   rendered   or   expenses   incurred    in   connection 
the  normal  institute. 

Sec.  41.  Joint  Institutes]  The  county  superintendent  may  hold 
the  county  normal  institute  in  his  own  county,  or,  he  may  hold  the 
same  in  an  adjoining  county  for  the  purpose  of  combining  with  such 
other  county  or  counties  if  in  his  judgment  it  is  to  the  best  educational 
interests  of  his  county. 

When  two  or  more  county  institutes  are  combined  and  held  in 
one  county  all  bills  against  the  county  institute  fund  shall  be  audited 
in  the  county  where  the  institute  is  held,  and  all  disbursements  of  the 
institute  fund  shall  be  made  upon  warrant  of  the  county  auditor  upon 


14  SCHOOL  LAWS 

itemized  bills  approved  by  a  majority  of  the  county  superintendents 
holding  such  joint  institute. 

Counties  holding  joint  institutes  shall  share  the  expense  of  such 
institute  in  such  proportion  as  the  number  of  children  enumerated  in 
the  school  census  of  each  county  bears  to  the  total  number  of  children 
enumerated  in  the  counties  so  combined  in  the  institute. 

The  county  superintendents  of  the  counties  combined  for  institute 
purposes  shall  determine  each  county's  share  of  the  expense  of  the 
institute  as  above  provided  and  shall  send  a  certified  statement  of  the 
same  signed  by  a  majority  of  the  county  superintendents  to  the  audi- 
tor of  each  county  so  combined,  whereupon  the  county  auditor  so  no- 
tified shall  issue  a  warrant  on  the  institute  fund  in  favor  of  the  county 
treasurer  of  the  county  in  which  the  institute  was  held  for  his  county's 
share  of  said  expense  and  the  said  county  treasurer  shall  place  it  to 
the  credit  of  the  institute  fund  of  his  county. 

Sec.  42a.  (1)  The  state  superintendent  of  public  instruction  may 
approve  summer  schools  conducted  by  South  Dakota  nornial  schools  and 
colleges  for  attendance  of  teachers;  provided,  that  when  the  county  su- 
perintendents of  two  or  more  counties  deem  it  to  be  for  the  best  in- 
terests of  the  teachers  and  the  schools  of  the.ir  respective  counties, 
they  may  hold  a  joint  summer  school  of  at  least  six  weeks  duration, 
in  which  regular  normal  work  shall  be  given,  and  all  summer  schools 
as  defined  in  this  act  shall  be  considered  normal  schools  for  accredit- 
ment  toward  teachers'  certificates.  Provided,  that  the  course  of  study 
and  the  corps  of  instructors  and  lecturers  shall  be  subject  to  the  ap- 
proval of  the  state  superintendent  of  public  instruction.  The  expense 
of  such  summer  schools  siliall  be  apportioned  among  the  several  coun- 
ties participating  on  the  basis  of  the  number  of  children  of  school  age 
in  each  county,  and  shall  be  paid  from  the  county  institute  and  pro- 
fessional fund  in  the  manner  now  provided  by  Section  41  of  Chapter 
135  of  Session  Laws  of  1907  for  joint  institutes. 

Provided,  that  nothing  in  this  act  shall  prevent  a  reasonable  tui- 
tion charge  in  such  summer  schools,  and  provided  further,  that  no 
county  superintendent  shall  agree  to  take  part  in  any  such  summer 
school  without  first  securing  the  formal  consent  of  the  board  of  coun- 
ty commissioners  of  his  county. 

(2)  Any  county  superintendent  availing  himself  of  the  provis- 
ions of  this  act  shall  be  exempt  from  holding  a  county  normal  institute 
for  that  year,  as  provided  for  in  Section  40  of  Chapter  135  of  Session 
Laws  of  1907.  (Chapter  162,  Session  Laws  1915.) 

Sec.  42.  District  Officers'  Meetings]  Each  year  the  county  sup- 
erintendent shall  require  the  district  school  officers  of  his  county  to 
assemble  at  one  or  more  convenient  locations  for  discussing  questions 
intended  to  promote  the  school  interests  of  the  county.  In  his  dis- 
cretion he  may  close  all  the  schools  of  his  county  and  require  the  at- 
tendance of  the  teachers  at  such  meetings;  provided,  that  he  shall 


SOUTH  DAKOTA  15 

'.  ho  interested  persons  ten  days'  notice  and  shall  also  notify  the 
state  superintendent  of  public  instruction  of  such  meeting. 

Provided  further,  that  school  officers  shall  receive  a  per  diem  of 
one  dollar  and  fifty  cents  and  five  cents  per  mile  each  way  fpr  every 
mile  necessarily  traveled  in  attending  the  same,  which  shall  be  paid 
from  the  district  treasury.  If  the  teachers  are  required  to  attend 
they  shall  sustain  no  loss  of  pay.  ('Chapter  140,  Session  Laws  1909.) 

•  •nt  of  suitable1  place  for  holding1  the  officer's  meeting1  in- 
i    by   th<-   county    superintendent  is  a  valid   charge   against   the   county. 
Ion    by    Atton  il   Royal   C.    Johnson. 

Sec.  42a.  Power  Given  to  County  Superintendent]  The  county 
superintendent  is  hereby  authorized  to  conduct  a  contest  in  agriculture, 
in  industrial  arts,  or  in  home  economics  among  the  pupils  enrolled  in 
the  public  schools  under  his  direct  supervision. 

(2)  Annual  Exhibit  and  Program]      Whenever  a  county  super- 
intendent shall  have  instituted  any  such  contest,     he  shall  thereafter, 
on  such  date  as  he  may  designate,  hold  an  annual  exhibit  to  show  the 
results  of  the  work  of  the  participants. 

At  the  annual  exhibit  an  educational  program  shall  be  rendered, 
which  shall  include  instruction  upon  the  matters  pertaining  to  the 
contest. 

(3)  Authority  to  Appropriate  Given  to  County  Commissioners] 
The  county  commissioners  of  any  county   wherein  the  county  super- 
intendent has  organized  a  contest  among  the   pupils  of     the      public 
schools,  as  provided  for  in  this  act,  are  hereby  authorized  to  appro- 
priate from  the  county  general  fund  the  sum  of  two  hundred  dollars 
($200.00)   at  the  first  regular  meeting  of  county  commissioners,  after 
having  been  notified  by  the  county  superintendent  that  a  contest  has 
been  instituted;   provided  that  any  part  of  said  appropriation  remain- 
ing unused  on  January  first  next  succeeding  the  appropriation  shall 
revert  to  the  county  general  fund. 

(4)  Limitation  of  Expenditures]      The  expenditures  permissible 
in  connection  with  a  contest  shall  be  limited  to  the  awarding  of  prizes, 
the  renting  of  a  hall  or  room  for  the  annual  exhibit,  the  furnishing  of 
material  to  pupils  for  carrying  on  the  work  of  the  contest,  the  em- 
ploying of  lecturers  for  the  program  and  expert  assistants  for  judging 
the  exhibit,  and  other  necessary  incidental  expenses. 

(5)  Payment  of  Expenditures]     The  county  commissioners  shall 
pay  the  expenditures  of  said  contest,  as  limited  in  Section  4  of  this  act 
and   in   a   sum   not  exceeding  two   hundred  dollars    ($200.00),      upon 
having  filed  with  them  itemized  vouchers  certified  to  by  the     county 
superintendent. 

(6)  The  County  Superintendent  to  Make  Report  to  the  County 
Auditor]     At  the  close  of  any  contest  conducted  by  the  county  super- 
intendent in  accordance  with  the  provisions  of  this  act,  he  shall  make 
a  written  report  to  the  county  auditor,  which  shall  show  the  nature  of 
the   contest   or   contests,  the   program   rendered,   the      enrollment     of 


16  SCHOOL  LAW'S 

pupils,  to  whom  prizes  were  awarded,  and  the  amount  of  each  prize. 
He  shall  also  file  with  the  county  auditor  a  certified  and  itemized 
statement  of  the  expenses  of  the  contest.  (Chapter  188,  Session 
Laws  1913.) 

Sec.  43.  Examination  of  Officers'  Accounts]  It  shall  be  the 
duty  of  the  county  superintendent  at  least  once  each  year  to  notify  the 
various  district  school  officers  of  the  time  and  place  he  will  meet  with 
them,  and  personally  or  through  his  deputy,  to  determine  the  accuracy 
of  the  school  officers'  records  and  to  advise  them  as  to  the  proper  form 
of  keeping  such  accounts  and  it  shall  he  the  duty  of  said  officers  to 
bring  or  send  said  records  of  their  respective  offices  to  the  superin- 
tendent or  his  deputy  at  the  place  and  time  specified  in  said  notice. 
Should  any  such  officer  fail  to  make  his  report  according  to  law  and  at 
the  time  required,  the  county  superintendent  is  authorized  to  procure 
the  same  by  examination  of  the  records,  files  and  accounts  of  such 
officer  for  the  purpose  of  obtaining  such  information.  It  shall  be  the 
duty  of  the  county  superintendent  to  file  with  the  chairman  of  the 
district  board  a  certified  statement  of  the  condition  of  the  records,  ac- 
counts and  funds  of  the  treasurer  and  clerk  as  shown  by  said  examina- 
tion. 

It  is  the  duty  of  the  county  superintendent  to  determine  the  accuracy 
of  clerk's  and  treasurer's  reports  in  both  common  and  independent  school 
districts,  and  to  require  the  same  to  be  correctly  prepared  before  approv- 
ing the  same.  Opinion  by  Royal  C.  Johnson,  Attorney  General. 

Sec.  44.  Medium  of  Communication]  The  county  superin- 
tendent shall  at  all  times  conform  to  the  instructions  of  the  superin- 
tendent of  public  instruction  as  to  matters  within  the  jurisdiction  of 
the  latter.  He  shall  serve  as  a  medium  of  communication  between 
the  superintendent  of  public  instruction  and  the  district  officers. 

Sec.  45.  Power  to  Administer  Oaths]  The  county  superinten- 
dent shall  have  power  to  administer  oaths  of  office  to  all  subordinate 
school  officers  in  his  county  and  to  certify  to  the  same;  and  district 
clerks  and  chairmen  are  hereby  empowered  to  administer  oaths  in  all 
matters  to  which  their  respective  districts  may  be  a  party. 

Sec.  46.  Power  to  Close  School]  The  county  superintendent 
shall  have  power  to  close  any  school  under  his  supervision  on  account 
of  contagious  disease,  or  for  any  other  good  and  sufficient  cause  known 
to  him. 

Sec.  47.  Census  Enumeration  Report]  On  or  before  the  first 
day  of  July  in  each  year,  each  county  superintendent  shall  report  un- 
der oath  to  the  commissioner  of  school  and  public  lands  the  enumera- 
tion of  persons  of  school  age  in  each  school  district  in  his  county  accord- 
ing to  the  census  of  the  school  districts  as  hereinafter  provided.  And 
this  enumeration  shall  also  be  used  by  the  county  superintendent  as  a 
basis  for  apportioning  the  county  general  school  fund. 


SOUTH  DAKOTA  17 

See.  48.  Apportionment  of  School  Money]  The  county  treas- 
urer shall  on  or  before  the  fifth  day  of  January  and  July  furnish  the 
county  superintendent  with  a  statement  of  all  moneys  in  the  county 
treasury  belonging  to  the  county  general  school  fund,  and  shall  pay  the 
same,  upon  the  order  of  the  superintendent  to  the  treasurers  of  the  re- 
spective public  school  corporations  of  the  county.  The  county  treasurer 
shall  also  pay  at  such  times  as  are  required  by  law,  to  the  treasurer 
of  each  school  corporation,  all  of  the  school  money  collected  for  such 
corporation,  and  shall  take  duplicate  receipts  for  the  money  paid.  He 
shall  send  one  of  the  receipts  to  the  clerk  of  the  said  school  corpora- 
tion. 

Sec.  49.  The  county  superintendent  shall  on  the  tenth  day  of 
January  and  July  in  each  year  apportion  the  money  in  the  county 
treasury  belonging  to  the  county  general  school  fund  to  the  several 
school  corporations  within  the  county  in  proportion  to  the  number 
of  children  of  school  age  residing  therein.  He  shall  also  draw  orders 
on  the  county  treasurer  in  favor  of  the  several  school  treasurers  of 
the  county  for  the  amount  apportioned  to  them,  and  shall  take  their 
receipts  therefor. 

Sec.  50.  County  General  School  Fund]  The  county  general 
school  fund  to  be  thus  apportioned  shall  consist  of  the  money  received 
from  the  income  of  the  permanent  school  fund  of  the  state  as  appor- 
tioned to  the  several  counties  by  the  commissioner  of  school  and 
public  lands,  and  the  money  derived  from  the  tax  levy  of  one  dollar 
on  each  elector  in  the  county,  and  also  the  fines  as  provided  for  in 
section  39  of  Chapter  35  of  Penal  Code. 

Sec.  51.  Annual  Report  to  State  Superintendent]  The  county 
superintendent  shall  on  or  before  the  first  Monday  of  September  of 
each  year,  make  a  report  to  the  superintendent  of  public  instruction 
containing  a  full  abstract  of  the  reports  made  to  him  by  the  district 
officers  and  such  other  matters  as  he  shall  be  directed  to  report  by  the 
said  superintendent,  and  as  he  himself  may  deem  essential  in  exhibit- 
ing the  true  condition  of  the  schools  under  his  charge.  Should  he 
fail  to  make  such  report  he  shall  forfeit  to  the  school  fund  of  his 
county  the  sum  of  one  hundred  dollars,  and  shall  besides  be  liable  for 
all  damages  caused  by  such  neglect. 

Sec.  52.  Failure  of  District  Officer  to  Report]  If  any  district 
officer  fails  or  neglects  to  transmit  or  deliver  to  the  county  superin- 
tendent the  annual  report  of  his  district  at  the  time  required  by  law  it 
shall  become  the  duty  of  the  county  superintendent  to  visit  said  dis- 
trict officer  at  his  residence  in  said  district  and  obtain  such  report. 
Upon  sworn  statement  of  such  visit  being  filed  with  the  county  auditor 
the  county  commissioners  shall  order  the  sum  of  five  dollars  to  be 
transferred  from  the  general  fund  of  said  district  to  the  county  gen- 
eral fund  and  a  county  warrant  for  that  amount  shall  be  issued  to  the 
county  superintendent. 


18  SCHOOL  LAWS 

Sec.  53.  Superintendent  to  Give  Advice]  The  county  superin- 
tendent of  schools  shall  when  requested  give  advice  relative  to  school 
matters  to  any  school  officer  or.  person  within  the  county;  but  such 
advice  shal1  be  advisory  only. 

Sec.  54.  Teacher's  Certificate]  The  state  superintendent  of 
public  instruction  shall  be  authorized  to  issue  teachers'  certificates  of 
the  following  grades:  A  first  grade  certificate  valid  for  not  to  exceed 
three  years,  a  second  grade  certificate  valid  for  not  to  exceed  two 
years,  a  third  grade  certificate  valid  for  not  to  exceed  one  year,  and  a 
primary  teachers'  certificate  for  not  to  exceed  five  years.  The  require- 
ments for  all  these  certificates  shall  include  both  scholastic  and  pro- 
fessional ability.  A  complete  certificate  shall  certify  the  scholastic  and 
professional  requirements,  skill  in  teaching  and  moral  character.  Writ- 
ten answers  for  the  scholastic  examination  hereinafter  provided  for 
shall  be  read  and  marked  under  the  direction  of  the  state  superin- 
tendent of  public  instruction,  and  the  markings  for  the  professional 
requirements  shall  be  given  by  the  county  superintendent  who  shall 
also  be  the  judge  of  skill  in  teaching  and  moral  character  of  the  ap- 
plicant. Provided,  that  a  diploma  from  any  state  normal  school  or  any 
approved  school  of  South  Dakota,  having  a  normal  department  ap- 
proved for  normal  training  by  the  state  superintendent,  having  a 
course  of  study  in  which  at  least  two  years'  work  beyond  the  first  two 
years  in  an  approved  four  year  high  school  course  is  required  and 
which  shall  include  professional  instruction  and  practice  teaching  equal 
to  one  class  hour  daily  for  two  years  may  be  accepted  by  the  state 
superintendent  in  lieu  of  an  examination  for  a  first  grade  certificate. 

Provided,  further,  that  a  diploma  from  any  state  normal  school 
or  any  approved  school  of  South  Dakota,  having  a  normal  department 
approved  by  the  state  superintendent  for  such  normal  training,  hav- 
ing a  course  of  study  in  which  at  least  two  years'  work  beyond  the 
approved  eighth  grade  course  of  the  public  schools  of  South  Dakota 
is  required  and  which  shall  include  professional  instruction  and  prac- 
tice teaching  equal  to  one  hour  a  week  for  two  years  may  be  accepted 
by  the  state  superintendent  in  lieu  of  an  examination  for  a  second 
grade  certificate. 

Provided,  further,  that  the  course  of  study  pursued  by  every"  ap- 
plicant for  a  certificate  under  the  provisions  of  this  section  shall  in- 
clude all  those  branches  of  study  required  in  the  examination  for  first 
and  second  grade  certificates  respectively. 

The  provisions  of  this  act  shall  not  affect  the  rights 
of  persons  holding  certificates,  provisional  certificates  or  diploma  at 
the  date  of  the  passage  of  this  law  or  who  may  acquire  certificates, 
provisional  certificates  or  diplomas  before  this  law  becomes  effective, 
but  such  persons  shall  be  entitled  to  receive  from  the  state  superinten- 
dent certificates  of  the  grade  and  standing  which  would  be  awarded 
were  this  law  not  enacted.  (Chapter  136  Session  Laws  1911.) 


SOUTH  DAKOTA  19 

•V>.      Fii>t  (.rude  (Vrtiiirates.]        A  complete  first  grade  cer- 
tificate certifying  to  scholastic  requirements  by  the  state  superintend- 
ent and  to   professional   requirements,  skill  in   teaching     and      moral 
icter  by  the  county  superintendent  in  whose  county  the  examin- 
ation is  held,  shall  be  valid  in  any  county  of  the  state,  in  all  brancnes 
covered   by  <;.ch  certificate.      Applicants  for  certificates  of  this  grade 
shall  pass  an  examination  in  orthography,  reading,  writing,  arithmetic, 
geography,       physical       geography,        English       grammar,       physiol- 
ogy and  hygiene,  with  special  reference  to  the  effects     of     alcoholic 
drinks  and   narcotics  upon  the  human  system,   history  of  the  United 
s,   civil   government,    current   events,    American   literature,   South 
la  h'story.   drawing  and  didactics.      (Chapter   167,  Session  Laws 
1915.) 

Sec.  56.  Second  Grade  Certificates]  A  complete  second  grade 
:icate  for  both  scholastic  and  professional '  requirements,  signed 
by  the  state  superintendent  and  the  county  superintendent,  as  indi- 
cated above  for  first  grade  certificate  shall  be  valid  in  all  gradib  below 
the  high  school  in  the  county  in  which  the  examination  is  held,  and 
may  similarly  be  made  valid  in  any  county  by  the  endorsement  of  the 
county  superintendent  of  said  county.  Applicants  for  certificates  of 
this  grade  shall  pass  examination  in  orthography,  reading,  writing, 
arithmetic,  physiology  and  hygiene  with  special  reference  to  the  effect 
of  alcoholic  drinks  and  narcotics  upon  the  human  system,  geography, 
English  grammar,  history  of  the  United  States,  civil  government, 
South  Dakota  history,  diactics  and  drawing. 

Sec.    57.      Third    Grade    Certificates]      A    third    grade    certificate 
;  in  grades  below  the  high  school  only  in  the  county  where  issued 
and  in  such  district  as  the  county  superintendent  shall  designate  upon 
-ce,  and  signed  by  the  state  superintendent  and  county  superin- 
tendent, may  be  issued  in  the  discretion  of  the  state  superintendent 
to  those  candidates  who  have  failed  in  their  examination  to  measure 
up  to  the  requirements  of  the  department  for  the  second  grade  certi- 
Xo  teacher  shall  be  entitled  to  receive  more  than  two  third 
grade  certificates. 

Sec.  58.  Primary  Certificates]  A  primary  teacher's  certificate 
shall  authorize  the  holder  thereof  to  teach  in  the  kindergarten  and 
first  and  second  grades  only  in  cities  and  towns,  and  shall  be  issued  on 
examination  in  the  following  branches:  Reading,  writing,  ortho- 
graphy, arithmetic,  physiology  and  hygiene  with  special  reference  to 
the  effects  of  alcoholic  drinks  and  narcotics  upon  the  human  system, 
geography,  English  grammar,  history  of  the  United  States,  "South  Da- 
kota history,  drawing,  didactics,  and  in  questions  in  kindergarten  and 
primary  methods.  The  primary  teacher's  certificate  shall  be  valid 
in  the  county  where  issued  and  may  be  valid  in  other  counties  by 
the  endorsement  of  the  county  superintendent. 


20  SCHOOL  LAWS 

Sec.  59.  Regulations  for  Holding  Examinations]  The  regula- 
tions for  holding  the  examinations  by  the  county  superintendent  in 
each  county  and  the  required  standards  upon  which  the  various  cer- 
tificates shall  be  issued  shall  be  prescribed  by  the  state  superintendent 
of  public  instruction. 

Provided,  that  no  person  shall  be  entitled  to  a  certificate  of  any 
grade  who  has  not  attained  to  the  age  of  eighteen  years  and  who 
does  not  present  evidence  of  good  moral  character. 

Provided,  further,  that  applicants  for  first,  second,  or  third  grade 
certificates,  and  for  primary  teachers'  certificates,  shan  pay  a  fee  of 
one  dollar.  All  such  fees  shall  be  collected  by  the  county  superin- 
tendent and  deposited  with  the  county  treasurer  one-half  to  the  credit 
of  the  institute  fund  and  one-half  to  the  credit  of  the  general  fund 
ii  the  state,  to  be  turned  into  the  state  treasury,  and  it  shall  be  placed 
to  the  credit  of  the  same  fund  as  fees  for  state  certificates  and  life 
diplomas. 

Sec.  60.  Time  of  Examinations]  The  time  for  regular  examin- 
ations shall  be  uniform  throughout  the  state  and  the  examination 
shall  be  conducted  by  the  county  superintendent  in  each  county,  or  by 
persons  appointed  by  him,  strictly  according  to  regulations  prescribed 
by  the  department  of  public  instruction. 

An  affidavit  may  be  required  of  such  an  examiner,  certifying 
that  the  regulations  regarding  such  examinations  have  been  fully 
observed.  Such  public  notice  shall  be  given  of  the  time  and  place 
and  regulations  governing  the  examination,  as  the  superintendent  of 
public  instruction  may  determine.  The  local  expense  for  the  exam- 
inations herein  provided  for  in  each  county  shall  be  paid  by  the 
county  in  which  said  examinations  are  held.  The  necessary  expenses 
incurred  by  the  superintendent  of  public  instruction  in  carrying  out 
the  provisions  of  this  act  shall  be  paid  from  the  appropriation  made 
for  the  maintenance  of  the  department  of  education. 

Sec.  61.     Teachers  to  Draw  Pay]      The      regular      examinations 

shall  be  public  and  the  teachers  desiring  to  take  the  same  may  dis- 
miss their  school  for  that  purpose  for  a  period  not  exceeding  two  days 
in  each  year,  without  loss  of  pay. 

Sec.  62.  Special  Certificates]  Any  county  superintendent  may, 
on  his  own  examination,  issue  a  certificate  of  the  first,  second  or  third 
grade  to  applicants  who  present  satisfactory  proof  that  they  were 
unable  to  be  present  at  the  public  regular  examination.  Such  certi- 
ficate shall  be  termed  a  special  certificate  and  shall  be  valid  only  in 
grades  below  the  high  school  in  a  district  specified  on  its  face  and 
until  the  next  succeeding  public  regular  examination. 

The   special   certificates   must  be   issued   only   upon   a   special   examina- 
tion held  as  per  the  requirements  which  the  applicant  has  passed.     HI- 
certificates  cannot  be  issued  upon  an  expired  certificate  or  upon  high  school 
or  other  school  diplomas.     Opinion  by  S.  W.  Clark,  Attorney  Gem>r;ii. 

Sec.  63.      Prohibition  on  Teaching]      No  person  shall  be  allowed 


SOUTH  DAKOTA  21 

to  teach  in  any  of  the  public  schools  of  this  state  nor  draw  wages  as 
a  public  school  teacher  who  is  not  the  holder  of  a  valid  teachers'  cer- 
tificate issued  pursuant  to  the  provisions  of  this  and  the  preceding 
articles. 

Provided,  that  in  cities  and  other  independent  districts  persons 
exclusively  engaged  in  teaching  music,  drawing,  penmanship,  book- 
keeping, foreign  language,  or  kindergarten  method  shall  not  be 
required  to  hold  a  county  certificate. 

See.  64.  Revocation  of  Certificates]  The  county  superintendent 
is  hereby  authorized  and  required  to  revoke  at  any  time  first,  second 
or  third  grade  certificates  and  primary  teachers'  certificates  for  any 
cause  which  would  have  prevented  the  issue  of  the  same,  for  in- 
competency,  immorality,  intemperance,  violation  of  the  state  law, 
cruelty,  general  neglect  of  the  business  of  the  school  and  for  refusal 
and  neglect  to  attend  regularly  a  county  institute  and  at  least  one 
district  institute  each  year,  after  due  notice,  provided  that  holders  of 
first  or  higher  certificates,  in  force,  who  have  attended  regularly  at 
least  four  normal  institutes  may  be  excused  by  the  county  or  state 
superintendent,  in  his  discretion,  from  attendance  at  county  institutes 
for  such  current  year. 

Sec.  65.  The  county  superintendent  within  ten  days  after  his 
decision  to  revoke  a  certificate,  shall  transmit  a  written  statement  to 
the  person  accused  stating  the  ground  upon  which  said  certificate  was 
revoked  and  a  copy  of  the  statement  shall  be  forwarded  to  the  state 
superintendent  of  public  instruction.  The  aggrieved  person  desiring 
to  appeal  from  said  decision  within  ten  days  after  receipt  of  such 
notice,  shall  serve  a  written  notice  of  appeal  from  said  decision  on  the 
state  superintendent  of  public  instruction,  which  notice  shall  specify 
the  grounds  upon  which  the  appeal  is  taken.  The  state  superintendent 
shall  provide  for  a  fair  review  in  the  case  of  an  appeal  from  the  de- 
cision of  the  county  superintendent. 

The  moment  the  aggrieved  person  has  served  notice  of  appeal  on   the 

superintendent  the  case  is   in  his  hands,  and  he   must  provide   for  a 

.-.-.     This  may  be  by  submitting  written  testimony  or  in  the  giving 

•ny  in  person,  by  both  sides.     Opinion  by  Philo  Hall,  Attorney 

ral. 

teacher's  certificate  revoked  by  a  superintendent  continues  in  that 
condition  until  the  same  is  reversed  by  the  state  superintendent.     Opinion 
ilo  Hall,  Attorney  General. 


ARTICLE  III 

Sec.  66.  School  Corporations]  Any  school  district  containing 
one  or  more  schools,  except  those  governed  by  the  provision  of  Article 
XI  relating  to  cities,  towns  and  adjacent  territory  organized  as  inde- 
pendent districts,  are  for  the  purposes  of  this  chapter  defined  to  be 
school  districts. 

Sec.   6613.     Each   common   school    district     in     this     state     may 


22  SCHOOL  LAWS 

choose  a  name  and  record  the  same  in  a  book  to  be  kept  for  the  pur- 
pose in  the  office  of  the  county  superintendent  of  schools,  of  the 
county  wherein  such  district  is  located;  provided  that  such  county 
superintendent  shall  refuse,  to  record  as  the  name  of  any  district,  a 
name  which  has  been  previously  chosen  and  recorded  by  another  dis- 
trict in  the  same  county.  The  respective  school  districts  are  hereby 
empowered  to  contract  in  and  sue  and  be  sued  by  the  name  so  chosen 
and  recorded.  (Chapter  142  Session  Laws  1911,) 

Sec.  67.  In  all  counties  organized  for  school  purposes  under  the 
district  system,  each  school  district  shall  be  and  remain  a  school  dis- 
trict corporation  until  changed  as  herein  provided.  Each  township  in 
every  county  in  this  state  which  consists  of  territory  not  organized 
into  a  civil  township  shall  be  and  remain  a  school  district  corporation 
until  changed  as  herein  provided. 

Provided  further,  nothing  in  this  article  shall  be  construed  to 
alter  the  boundary  lines  of  any  school  district  or  of  any  school  town- 
ship organized  prior  to  the  passage  of  this  chapter,  except  as  herein- 
after provided. 

Sec.  68.  In  any  county  now,  .or  hereafter  organized,  the  county 
commissioners  shall  divide  the  county  or  the  settled  portions  thereof 
into  school  districts.  In  the  formation  of  such  districts  and  the  for- 
mation of  their  boundaries  as  provided  for  in  this  section,  boundary 
lines  of  congressional  townships  shall  be  made  the  boundary  lines 
of  the  districts; 

Provided,  that  the  commissioners  may,  at  their  discretion,  when 
for  the  best  interests  of  the  schools,  organize  one  or  more  congres- 
sional townships  into  one  school  district; 

Provided  further,  that  no  district  shall  be  thus  formed  in  which 
there  are  not  at  the  time  of  its  formation  at  least  ten  children  of  legal 
school  age. 

A  school  district  may  be  so  formed  as  to  include  all  or  a  portion  of  an 
Indian  reservation,  but  of  course  such  land  cannot  be  assessed  until  it  has 
been  opened  to  settlement.  Opinion  by  S.  W.  Clark,  Attorney 


Sec.  69..  Division  of  Districts.]  In  any  county  school  districts 
may  be  divided  in  the  following  manner,  plats  shall  be  prepared 
showing  the  several  districts  into  which  it  is  proposed  to  divide  the 
districts  proposed  to  be  divided.  A  petition  shall  then  be  circulated 
and  signed  by  a  majority  of  the  electors  of  each  proposed  district,  to 
which  petition  shall  be  attached  the  plat  of  the  new  district  to  which 
such  petition  refers,  in  which  petition  it  shall  be  sta<  §>d  that  a  division 
of  the  school  district  is  desired  in  accordance  with  paid  attached  plat. 
Any  person  signing  such  petition  must  have  been  a  qualified  elector 
of  the  proposed  district  for  at  least  thirty  days  immediately  preceding 
the  date  of  signing,  and  must  add  to  his  signature,  his  place  of  resi- 
dence by  a  legal  description,  his  postoffice  address  and  the  date  of 
signing.  Such  petitions  when  circulated  and  signed  shall  have  at- 


SOUTH  DAKOTA  23 

tached  Uu'ivto  the  affidavit  of  the  person  circulating  the  same,  in 
which  such  person  shall  state  that  the  petition  was  signed  in  his  pres_ 
ence  by  the  persons  whcse  names  appear  thereon  af  the  times  stated 
in  such  petition,  and  the  petition  so  circulated  and  signed  shall  be 
filed  in  the  office  of  the  county  superintendent  of  schools,  that  if  the 
petition  filed  as  aforesaid  contains  the  names  of  a  majority  of  the 
electors  of  the  proposed  district  to  which  such  petition  refers,  the 
county  superintendent  of  schools  shall  bring  said  petition  before  the 
board  of  county  commissioners  at  the  regular  April  meeting  of  said 
board  following,  and,  the  county  superintendent  with  the  said  board 
of  county  commissioners  shall  proceed  to  divide  said  district  in  ac- 
cordance with  said  petitions  and  plat,  if  in  their  judgment  such  divis- 
ion ought  to  be  made. 

At  the  regular  meeting  of  the  board  of  county  commissioners  in 
July  following  such  divisions,  the  board  of  county  commissioners  and 
the  county  superintendent  shall  make  an  equitable  apportionment  of 
the  property  and  indebtedness  (other  than  bonded)  of  the  district 
among  the  new  districts  formed  therefrom;  Provided  that  should  there 
be  any  bonded  indebtedness  outstand:ng  against  the  district,  the 
county  commissioners  shall  levy  a  tax  annually  on  the  property  of  the 
new  districts  formed  therefrom,  sufficient  to  pay  the  interest  and  prin_ 
cipal  of  the  bonds  as  the  same  become  due.  The  county  treasurer 
shall  apply  such  tax  to  the  payment  of  said  bonded  indebtedness,  and 
when  the  bonds  are  paid  and  cancelled  the  county  treasurer  shall 
place  the  unused  balance  if  there  be  any  of  such  tax,  to  the  credit  of 
the  districts  formed  therefrom.  (Chapter  171,  Session  Laws  1915.) 

Diking-  by  one  school  district  of  part  of  the  territory  embraced  in 
another  district,  at  the   time  the   latter  issued  a  bond  for  the  erection  of  a 

•  1   building-,  does  not  render  the  former  liable  either  to  the   latter  or  to 

:---of   for   any    part   of  such    bond    in   an   action   at   law,    in   the 
absence  of  express  legislation  imposing-  a  liability  upon  it,  especially  where 
-•••liool   building  remained  in  the  old  district.     Livingston  v.  School  Dis- 
trict  No.   7,   9   S.   D.   102. 

The    county    commissioners    of   a    county    do    not   have    the    authority    to 
lize  a    school   district   and   levy  taxes   for  its   maintenance   in   any   terri- 
in    ai    Indian    Reservation.      Opinion    by    Royal    C.    Johnson, 
General. 

The    purpose    of   a    notice    of    a    proposed    change    in    the    boundaries    of 

•  !   districts  is  to  give  the  school  districts  to  be  affected  an  opportunity 

heard,   ;•.  nd    the    manner   in    which    such    notice   is   given   is   immaterial 
'  rs  that  such  notice  was  given  so  as  to  enable  the  district  to 

;nd    protest    against    the    action    of    the    s;> 
board.     School   District  No.   r.i;   v.  School  District  No.  27,  9  S.  D.  336. 

•d    districts    affected    must,    without   special    notice,    take    notice 
•mmissioners    and    the    county    superintendent    of    schools 

will,  at  tiie  July  meeting  following  a  change  of  boundaries  in  the  school 
districts,  or  at  the  adjourned  -  make  an  apportionment  of  the  \prop- 

erty.      School   District  No.    :,r,    v.   School   District  No.    27,   9   S.   D.   336. 

Sec.  70.  Formation  of  Township  Districts]  Upon  the  receipt 
of  a  petition  signed  by  a  majority  of  the  qualified  electors  of  any  civil 
township  in  said  county  having  districts  smaller  than  civil  townships, 
the  county  commissioners  and  the  county  superintendent  of  schools 


24  SCHOOL  LAWS 

shall  declare  that  the  school  districts  shall  comprise  a  school  town- 
ship district,  and  the  county  superintendent  shall  appoint  the  neces- 
sary officers  as  hereinafter  provided  in  section  90,  who  shall  hold  until 
the  next  election. 

Sec.  70}£.  Creating  of  School  Township  Districts]  Whenever 
tv.'o-thirds  of  the  qualified  electors  of  any  congressional  township  in 
this  state  which  is  now  a  part  of  some  school  district  comprising  more 
Uian  one  such  congressional  township  shall  petition  the  board  of 
county  commissioners  of  their  county  to  create  a  separate  school  dis- 
trict comprised  of  their  congressional  township  and  have  filed  such 
petition  with  the  county  auditor,  it  shall  be  the  duty  of  said  bonrd 
of  county  commissioners,  together  with  the  county  superintendent  of 
schools  of  said  county,  at  the  first  regular  or  special  meeting  of 
said  board  of  county  commissioners,  to  declare  said  congressional 
township  a  separate  school  district,  and  the  county  superintendent 
shall  appoint  the  necessary  officers  as  provided  in  Section  90,  Article 
5,  Chapter  135,  Session  Laws  of  1907,  who  shall  hold  office  until  the 
election. 

Provided,  that  no  such  district  shall  be  formed,  if  by  forming 
such  school  township  district  any  territory  heretofore  belonging  to 
such  former  district  shall  be  left  without  reasonable  school  privi- 
leges, or  in  such  shape  as  to  render  it  impracticable  for  district  pur- 
poses. Any  property  interests  of  the  district  affected  by  the  provi- 
sions of  this  act  shall  be  adjusted  in  accordance  with  the  provisions  of 
Section  69,  of  Chapter  135,  of  the  Session  Laws  of  1907.  (Chapter 
242,  Session  Laws  1909.) 

Sec.  71.  Election  of  New  Officers]  In  each  new  district  formed 
by  division  as  provided  for  in  section  69,  the  officers  thereof  shall  be 
chosen  at  the  annual  school  meeting  following.  The  clerk  of  each 
original  school  district  shall,  on  or  before  the  first  Tuesday  in  July 
following  the  division  as  provided  in  section  69,  forward  to  the  county 
auditor  a  certified  statement  of  the  finances  of  the  district,  including 
the  bonded  and  other  indebtedness.  The  treasurer  of  each  original 
district  shall  also  within  the  same  time  turn  over  to  the  county  treas- 
urer all  money  belonging  to  said  district,  and  such  money  shall-  be 
apportioned  to  the  districts  succeeding  as  provided  in  the  preceding 
sections. 

Sec.    72.      Name   of   School    Corporation]      Every    school    district 

which  consists  of  a  civil  township  shall  be  named  the 

School  District  of County  State  of  South  Dakota, 

with  the  name  of  the  civil  township  inserted  in  the  blank  before  the 
word  school,  and  the  name  of  the  county  in  which  it  is  situated  insert- 
ed before  the  word  county.  Every  school  district  consisting  of  ter- 
ritory not  organized  into  civil  township,  but  which  has  been  named  by 
a  distinctive  name  shall  have  such  distinctive  name  inserted  in  the, 


SOUTH  DAKOTA  25 

blank  before  the  word  school.  Every  school  district  consisting  of 
territory  not  organized  into  a  civil  township  and  which  has  no  dis- 
tinctive name  shall  be  called  District  No of 

county  with  its  proper  number  inserted  in  the  blank  after  the  word 
No.,  and  the  proper  name  of  the  county  inserted. 

Sec.  73.  Change  of  Boundaries]  After  the  boundary  lines  o ! 
the  several  school  districts  in  the  county  are  established,  such  boun- 
daries at  any  regular  meeting  may  be  changed  by  the  board  of  county 
commissioners  and  the  county  superintendent  of  schools  upon  a  peti- 
tion for  such  change  signed  by  ten  legal  voters  residing  in  the  dis- 
tricts to  be  affected  by  the  change;  due  notice  having  been  given  by 
the  county  auditor  to  the  school  boards  of  the  districts  to  be  affected 
by  such  proposed  change,  if  in  the  judgment  of  the  commissioners 
and  the  superintendent  such  change  is  for  the  best  interest  of  the  pa- 
trons of  the  schools. 

districts   may   not  be   formed   under  this  section.     Opinion   by  At- 
General   Royal   C.  Johnson. 

The   petition  authorizing  the  change  of  boundaries   of  school   districts 

within   a   county   upon   a   petition    "signed   by   ten   legal   voters   residing   in 

ii.strict   or   districts   affected,"   need   not   necessarily   be   signed   by    ten 

rs  residing  in  each  of  the  districts  affected.     School   District  No. 

74    v.    Lincoln   County,   9   S.   D.   291. 

districts   may   be   created   from   existing   districts   within  a   single 

i  as  the  mere  change  of  boundaries  of  the  existing  districts. 

e   board   of  county   commissioners   and   the   county   superintendent   of 

schools    upon   a   petition   signed   by   ten   legal   voters   residing   in   the   "dis- 

•  >r  districts"   to   be  affected  by  the  proposed  change.     School   District 

:   v.  Lincoln  County,  9  S.  D.  291. 

hool    district   cannot   escape    liabilities    to   pay   a   new    district  the 

nt    apportioned    by    the    special    board    to    such    new    district,    on    the 

ical  ground  that  a  proper  form   of  notice   of  the  proposed  change  of 

~    was    not    given    to    the    former    district,    where    the    officers    of 

the  board  and  voters  of  such  district  have  been  heard  and  their  protest  or 

p.strance,  containing  a  recital  that  the  clerk  of  the  board  was  given 

s  considered.     School  District  No.    56  v.   School  District  No. 
336. 

Provided,  that  when  petition  is  made  for  the  formation  of  a  dis- 
trict from  parts  of  two  or  more  counties,  the  commissioners  of  the 
said  counties  may  in  their  discretion  appoint  a  joint  commission  to 
establish  the  boundaries  of  the  proposed  district  and  to  adjust  all 
the  accounts  relating  thereto.  The  said  joint  commission  shall  ap- 
point the  necessary  officers  in  said  district.  It  shall  be  the  duty  of  the 
county  superintendent  of  the  county  in  which  the  school  house  of 
said  district  is  located  to  fill  all  vacancies  that  may  occur  thereafter, 
to  license  the  teacher  for  said  school  and  to  have  supervision  of  the 
same.  Whenever  district  boundaries  shall  be  changed  under  the  pro- 
visions of  this  article,  it  shall  be  the  duty  of  the  county  commissioners 
and  the  county  superintendent  to  make  an  apportionment  of  property 
and  indebtedness  as  hereinafter  provided. 

The  county  superintendent  of  any  county  in  this  state  shall  have 
power  and  it  shall  be  his  duty,  whenever  petitioned  so  to  do  by  any 
land  owner  whose  place  of  residence  on  such  land  in  any  school  dis- 
trict in  such  county,  or  whose  dwelling  house  thereon  is  more  than 
three  miles  from  the  location  of  the  school  house  in  such  district, 


26  SCHOOL  LAWS 

to  make  an  order  attaching  such  land,  not  to*  exceed  one  hundred  and 
sixty  acres,  to  any  adjoining  school  district,  the  school  house  in  which 
is  located  within  three  miles  or  less  of  said  residence  or  dwelling 
house,  and  thereafter  said  land  shall  be  a  part  of  the  district  to 
which  it  is  so  attached. 

Board  of  county  commissioners  and  the  county  superintendents  have 
no  authority  to  create  a  new  school  district  by  division  of  an  existing 
district,  or  by  changes  in  boundary  lines,  such  section  being1  intended  only 
to  authorize  readjustment  of  boundaries  of  existing-  districts.  30  S.  I  >. 

Tin-    county     superintendent    and    the    county    commissioners    mu;- 
upon    the    petition   as    submitted    by    the    petitioners    and    cannot    make    any 
cluing-e    in   the   plan    boundary   changes,      opinion    by    Itoyal    C.    .Johnson,    At- 
torney  General. 

The  owner  of  land  located  within  a  district  organized  as  an  inde- 
pendent district  under  Article  XI  cannot  have  his  land  set  into  another 
district  by  a  petition  to  the  county  superintendent,  but  must  proceed  under 
tlie  provisions  of  Sec.  176.  Opinion  by  Attorney  General  Clarence  C.  <1ald- 
well. 

73a.  Whenever  children  of  school  age  reside  in  territory  not 
organized  into  a  school  district,  it  shall  be  the  duty  of  the  county  com- 
missioners to  provide  for  th'e  education  of  such  children  by  making 
provision  for  the  payment  of  their  tuition  in,  and  transportation  to 
some  school  in  an  organized  school  district,  or  by  establishing  schools 
in  unorganized  territory,  Provided,  that  the  board  of  county  commis- 
sioners may,  in  lieu  of  .providing  transportation  or  establishing 
schools,  expend  a  reasonable  amount  for  room  and  board  of  said  pu- 
pils, whose  attendance  at  school  can  be  provided  for,  by  such  means 
more  economically  and  satisfactorily. 

(2)  Any  such  pupil  who   shall   successfully   complete   the   work 
of  the  eighth-  grade  as  established  in  the  state  course  of  study  in  this 
state  and   who   shall  hold   a  common   school   diploma   granted   by  the 
county  superintendent  is  privileged  to  continue  his  school  work  up  to 
and  including  the  twelfth  grade  by  attending  any  graded  school,  high 
school  or  normal   in   the   state,   furnishing   a  higher   course   of  study, 
ard  not  to  exceed  two  ($2.00)  dollars  per  month  of  the  tuition  charge 
therefor  shall  be  paid  by  the  said  county  commissioners  from  the  fund 
herein  provided  for,  and  any  tuition  charges  in  excess  of     said     two 
($2.00)    dollars  per  month,   which,   in   addition   thereto   shall   not   ex- 
ceed the  actual  per  capita  cost  per  month  of  schooling  a  pupil  in  such 
graded  school,  shall  be  paid  -by  the  pupil  or  his  or     ih-er     parent"   or 
guardian. 

(3)  It  shall  be  the  duty  of  the  county  superintendent  to  cause 
a  census  to  be  taken  each  year,  on  or  before  the  first  'Monday  of  June, 
of  all  children  under  twenty-one  and  over  six  years  of  age,   residing 
in  the  territory  of  his  county  not  organized  into  school  districts,  and 
the  expense   thereof  shall  be  paid  by  the   said   county  commissioners 
from   the   fund  herein   provided.      Suon-  census  shall  be   taken  in  the 
same   form   and   manner   as   the   census    in   school   districts   and   shall 
show  the  age  of  the  child  on  May  1st  of  that  year.     Said  census  shall 
be  filed  with  the  county  superintendent,  who  shall  examine  and  com- 
pare the  same  and  if  found  to  be  inaccurate  or  incomplete,  it  shall  be 


SOUTH  DAKOTA  27 

his  duty  to  cause  a  new  census  to  be  taken  and  paid  for  in  the  same 
manner. 

(4)  On  or  before  the  first  day  of  July  in  each  year,  said  county 
superintendent  shall  report  under  oath  to  the  commissioner  of  school 
and  public  lands,  the  enumeration  of  children  of  school  age  residing 
in  the  territory  of  his  county  not  organized  into  school  districts,  ac- 
cording to  the  census  herein  provided  for.  It  shall  be  the  duty  of  the 
commissioner  of  school  and  public  lands  to  examine  and  compare  the 
same  and  if  inaccurate  or  incomplete,  he  shall  require  a  re-enumera- 
tion as  heretofore  provided  for.  Upon  the  census  of  the  school  chil- 
dren herein  provided  for,  together  with  the  children  reported  from 
school  districts,  the  commissioner  of  school  and  public  lands  shall  ap- 
portion the  school  funds  as  provided  by  law.  It  shall  be  the  duty  of 
the  county  treasurer  upon  receipt  of  such  apportionment  funds  for  the 
schools  of  his  county  to  determine  the  amount  thereof  which  the  ter- 
ritory not  organized  into  school  districts  is  entitled  on  the  basis  of  the 
number  of  school  children  residing  therein  and  credit  said  amount  to 
the  fund  to  be  designated  as  the  "School  Fund  for  Unorganized  Terri- 
tory/' whioh  fund  shall  be  used  for  carrying  out  the  provisions  of  this 
act. 

The  county  commissioners  of  any  county  containing  terri- 
tory not  organized  into  school  districts  shall  have  the  power  to  levy 
i:pon  the  property  of  said  territory  a  sufficient  tax  for  school  purposes 
for  carrying  out  the  provisions  of  this  act,  which  levy  shall  be  made 
and  collected  at  the  same  time  and  in  the  same  manner  as  the  levy  for 
county  general  purposes.  When  collected  said  tax  shall  be  credited 
to  the  school  fund  for  unorganized  territory  to  be  used  under  the 
direction  of  the  county  commissioners  for  carrying  out  the  provisions 
of  this  act.  (Chapter  169,  Session  Laws  l: 

Consolidation  of  Rural  Schools. 

7;?b.  <  1  »  For  the  purpose  of  promoting  a  better  condi- 
tion in  rural  schools  and  to  encourage  industrial  training,  including 
the  elements  of  agriculture,  manual  training  and  home  economics, 
two  or  more  school  districts  of  any  kind  may  consolidate  by  the  form- 
ation of  a  new  district.  An  existing  district  may  organize  as  a  con- 
solidated district;  a  portion  of  an  existing  district  may  organize  as  a 
consolidated  district,  or  may  consolidate  with  one  or  more  other  exist- 
ing districts  or  with  part  or  parts  of  same  by  the  formation  of  a  new 
district. 

(2)  Before  any  steps  are  taken  in  organizing  a  consolidated 
school  district,  the  superintendent  of  the  county  in  which  the  major 
portion  of-  territory  is  situated  from  which  it  is  proposed  to  form  a 
consolidated  school  district,  shall  cause  a  plat  to  be  made  showing 
the  size  and  boundaries  of  the  new  district,  the  location  of  the  school 
houses  in  the  several  districts,  the  location  of  other  adjoining  school 


28  SCHOOL  LAWS 

districts  and  of  school  houses  therein,  the  location  of  transportation 
routes,  together  with  such  other  information  as  may  be  of  essential 
value,  and  submit  the  same  to  the  superintendent  of  public  instruc- 
tion, who  shall  approve,  modify  or  reject  the  plan  so  proposed,  and 
certify  his  conclusions  to  the  county  superintendent  of  schools. 

(3     After  approval   by   the  superintendent   of   public   instruction 
of  the  plan  for  the  formation  of  a  consolidated   school  district,  and 
upon  presentation  to  the  county  superintendent  of  a  petition  signed  by 
at  least  twenty-five  (25)  per  cent  of  the  electors  of  each  district  affect- 
ed qualified  to  vote  at  school  meetings  the  genuineness  of  wihose  sig- 
nature shall  be  verified  by  the  affidavit  of  the  person  who  circulated 
said  petition,  asking  for  the  formation  of  a  consolidated  school  district 
in  accordance  with  the  plan  approved  by  the  superintendent  of  public 
instruction,    the    county    superintendent    shall    within    ten    (10)    days 
cause  ten  (10)  days'  posted  notice  to  be  given  in  each  district  affected, 
and  one  week's  published  notice  if  there  be  a  newspaper  in  such  dis- 
trict, of  an  election  or  special  meeting  to  be  held  within  the  proposed 
district  at  a  time  and  place  specified  in  s'uch  notice  to  the  voters,  upon 
the  question  of  consolidation.     At  such  meeting,  the  electors,  not  less 
than    (20)    being  present,   shall   elect  from   their  number  a  chairman 
and  clerk  wilro  shall  be  the  officers  of  the  meeting.     The  chairman  shall 
appoint  two  tellers  and  the  meeting  or  election  shall  be  conducted  as 
are  the  regular  annual  school  meetings.     The  vote  of  such  election  or 
meeting  shall  be  by  ballot,  which  shall  read  "For  Consolidation"   or 
"Against   Consolidation."      The    officers    of    such    meeting    or   election 
shall  within  ten   (10)   days  certify  the  result  of  the  vote  to  the  super- 
intendent of  the  county  in  which-  such  district-  mainly  lies.     If  three- 
fourths   ( %  )   or  more  of  votes  cast  are  for  consolidation,  the  county 
superintendent  within  ten  (10)   days  thereafter  shall  make  proper  or- 
ders to  give  effect  to  such  vote  and  shall  thereafter  transmit  a  copy 
thereof  to  the  auditor  of  each  county  in  which  any  portion  of  each 
district  affected  lies,  and  to  the   Clerk  of  aach   district  affected,   and 
also  to  the  superintendent  of  public  instruction.     If  the  order  be  for 
the  formation  of  a  new  district  it  shall  specify  the  number   of  such 
district.     The  county  superintendent  sihall   also  cause  ten    (10)    days' 
posted  notice  and  one  week's  published  notice  if  there  be  a  newspaper 
published  in  such  district,  to  be  given  of  a  meeting  to  elect  five  mem- 
bers of  the  board  of  education  and  a  treasurer  of  the  newly  formed 
consolidated   school    district.      Provided,    that   a    consolidated    district 
shall  upon  its  formation,  become  an  independent  district  with  powers, 
privileges  and  duties  now  conferred  by  law  upon  independent  districts. 
(Chapter  164,  Sess'on  Laws  1915.) 

The  petition  must  be  signed  by  2;">  per  cent  of  the  electors  of  each  dis- 
trict affected  by  the  consolidation.  Opinion  by  Attorney  General  Clarence 
C.  Caldwell. 

(4)      Nothing  in  this  act  shall  be  construed  to  transfer  the  lia- 
bility of  existing  bonded   indebtedness   from   the   district  or  territory 


SOUTH  DAKOTA  29 

against  which  it  was  originally  incurred.  The  officers  of  the  dis- 
trict or  several  districts  forming  a  consolidated  school  district  shall, 
within  ten  (10)  days  from  receipt  of  copy  of  the  order  of  the  co-unty 
i  intendent  certifying  to  the  formation  of  the  new  district  or  im- 
mediately after  the  election  and  qualification  of  the  members  of  the 
board  of  education  of  the  consolidated  school  district,  turn  over  to 
the  proper  officers  of  the  newly  elected  hoard  of  education  all  records, 
funds,  credits  and  effects  of  their  .several  districts. 

(5)  It  shall  be  the  duty  of  the  superintendent  of  public  instruc- 
tion with  respect  to  schools  in  consolidated  districts,  to  approve  plans 

sites  of  buildings  and  their  equipment  and  the  equipment  of  the 
premises;  to  prepare  suggestive  courses  of  study,  including  an  indus- 
trial course;  and  through  such  supervisor  as  he  may  appoint,  and  in 
connection  with  the  county  superintendent  exercise  supervision  over 
said  consolidated  school. 

(6)  The  board  of  education  of  a  consolidated  school  district  is 
authorized  to  provide  for  the  transportation  of  pupils  and  it  shall  be 
the  duty  of  the  board  to  provide  and  maintain  means  of     transporta- 
tion for  all  such  pupils  as  live  a  greater  distance  than  two  (2)   miles 
from  the  school.     Such  transportation,  whether  provided  by  the  board 
or  by  parents  under  an  arrangement  with  the  board,  shall  be  in  com- 
fortable and  safe  conveyance,   the  drivers  of  such  conveyances  shall 
furnish  a  safe  team  therefor,  and  shall  use  every  care  for  the  safety 
of  the  children  under  their  charge,  and  shall  maintain  discipline  in 
sucli  conveyance.     In  lieu  of  providing  transportation,  the  board  may 
make  arrangements  with   the  parent,   guardian  or  other     person     to 

-port  such  children  as  may  live  more  than  two  miles  from  the 
school,  providing  that  such  parent,  guardian  or  other  person  shall 
provide  for  the  transportation  of  the  children  a  comfortable  and  con- 
venient bus  or  wagon,  well  supplied  with  protection  against  inclement 
weather,  and  shall  actually  transport  or  provide  for  the  transportation 
of  such  children  to  the  school  for  at  least  seven  months  of  each  school 
year.  Be  it  also  understood  that  in  cases  where  it  is  practicable,  con- 
veyance by  interurban,  steam  railway  or  automobile  shall  be  equi- 
valent for  transportation  or  conveyance  by  team. 

Provided,  that  the  board  of  education  shall  have  authority  under 
this  act  to  designate  and  establish  routes  for  the  transportation  of 
children  and  to  designate  points  within  convenient  and  easy  access  to 
the  several  homes  of  the  children  entitled  to  transportation  where  the 
conveyance  shall  stop  and  take  such  children  on  in  the  morning  and 
put  them  off  in  the  evening,  but  no  such  point  designated  as  a  place 
to  take  on  any  child  entitled  to  transportation  shall  be  more  than 
ights  (5-8)  of  a  mile  from  the  home  of  such  child.  Provided 
further,  that  the  board  may  in  lieu  of  providing  for  transportation, 
expend  a  reasonable  amount  for  room  and  board  of  pupils  whose  at- 


30  SCHOOL  LAWS 

tendance  at  school  can  more  economically  and  satisfactorily   be  pro- 
vided for  by  such  means. 

(7)  In  case  of  the  formation  of  a  new  consolidated  district  com- 
prising territory  hitherto  not  included  in  any  school  district,  like  pro- 
ceedings shall  be  had  within  ten   (10)   days  after  the  organization  of 
,such  consolidated  district,  and  in  all  cases  of  change  of  boundary  or 
consolidation  of  districts,  the  title  to  the  school  house  sites  and  other 
school  property  shall  vest  in  the  district  in  which  such     property     is 
included  after  such  change  or  consolidation;  and  in  case  of  consolida- 
tion, the  officers  of  the  ojd  districts  shall  continue  to  exercise  their 
duties  until  the  officers  of  the  new  district  qualify. 

(8)  The   title  of  any   school  district  organized  under   this     act 

shall  be  " Independent     Consolidated     District 

Number of County,  South  Dakota;"  and 

it  shall  in  all  respects  be  governed  by  the  laws  governing  independent 
districts.      (Chapter  194,' Session  Laws  1913.) 

(9)  Authority  is  hereby  expressly  given  to  the  school  board  of 
any  district  which  may  be  organized  -under  the  provisions  of  this  act 
to  purchase  any  land  which  may  be  necessary  to  provide  the  demon- 
stration plat  necessary  for  school  house  sites  or  to  meet  the  require- 
ments of  this  act,  and  the  same  shall  be  and  become  the  property  of 
said  district  forever;   Provided,  that  in  case  it  is  necessary  to  expend 
more   than   two   hundred   dollars   for   the   purchase   of   said  additional 
lands,  the  question  of  purchasing  said  lands  shall  be  first  submitted  to 
a  vote  of  the  voters  of  said  district,  and  if  a  majority  of  the  voters 
voting  at  any  regular  meeting  of  said  district  or  at  any  special  meet- 
ing of  said  district  called  according  to  law  for  that  purpose  shall  vote 
in  favor  of  buying  the  additional  land,  the  said  board  shall     at     once 
proceed  to  purchase  the  same.     Provided,  also  that  whenever  the  land 
so  selected  is  common  school  or  endowment  lands,  it  shall  be  lawful 
for  the  governor  and  commissioner  of  school  and  public  lands  to  con- 
vey title  thereto  in  the  manner  now  provided  by  law  for  conveying  title 
to  school  house  sites,  in  tracts  in  amount  from  two  to  ten  acres  in- 
clusive.      (Chapter    176,    Session    Daws  1915.) 

Sec.  74.  School  District  a  Corporation]  Every  school  district 
established  under  the  provisions  of  this  article  or  heretofore  estab- 
lished, shall  be  and  is  hereby  constituted  a  district  corporation  for 
school  purposes,  and  under  its  own  proper  name  and  number  of  such 
corporation  may  sue  and  be  sued,  contract  and  be  contracted  with, 
purchase,  hold  and  use  personal  and  real  property  for  the  purpose 
mentioned  in  this  article  and  sell  and  dispose  of  the  same. 

Sec.  75.  Judgment]  Whenever  any  final  judgment  shall  be 
obtained  against  any  school  corporation,  the  board  thereof  shall  levy 
a  tax  upon  the  taxable  property  in  the  corporation  for  the  payment 
thereof,  and  such  tax  shall  be  collected  as  other  school  taxes,  but  no 


SOUTH  DAKOTA  31 

execution  shall  issue  against  a  school  corporation.  Such  tax  or  taxes 
shall  not  be  greater  than  two  per  cent  in  any  one  year,  and  any  sur- 
plus fund  in  the  treasury  of  the  school  corporation  may  be  appro- 
priated to  the  payment  of  a  judgment.  If  the  school  board  refuse  or 
fail  to  levy  such  tax,  the  judgment  creditor  may  apply  to  the  board 
of  county  commissioners,  who  shall  cause  such  tax  to  be  levied  upon 
the  property  of  the  school  district.  When  collected  it  shall  be  paid 
over  by  the  county  treasurer  to  the  judgment  creditor,  whose  receipt 
therefor  shall  be  delivered  the-  same  as  money  to  the  treasurer  of 
the  school  corporation  by  the  county  treasurer.  Such  levy  may  be 
repeated  until  the  judgment  is  paid. 

Sec.  7(>.  Courts  of  Jurisdiction]  Justices  of  the  peace  shall 
have  jurisdiction  in  all  cases  in  which  a  school  corporation  is  a  party 
interested,  when  the  amount  that  is  claimed  does  not  exceed  one 
hundred  dollars,  and  the  party  shall  have  the  right  to  appeal  as  in 
other  cases. 

Sec.  77.  .Fines — How  Collected]  All  fines  and  penalties  not 
otherwise  provided  for  in  this  chapter  shall  be  collected  by  action  in 
any  court  of  competent  jurisdiction. 

Sec.  78.  Plat  of  County]  The  county  superintendent  shall  with- 
in thirty  days  after  the  first  school  election  held  as  provided  herein 
transmit  to  the  superintendent  of  public  instruction,  a  plat  of  the 
county  showing  the  boundaries  and  name  of  each  school  district  there- 
in. He  shall  also  record  a  copy  of  the  same,  together  with  all  the 
proceedings  of  the  county  board  done  under  this  article  in  a  proper 
book  kept  for  that  purpose.  He  shall  promptly  furnish  such  officer 
with  a  correct  plat,  showing  any  changes  at  any  time  in  the  boundaries 
of  school  corporations.  The  superintendent  of  public  instruction  shall 
furnish  directions  for  the  suitable  preparation  and  construction  of 
such  plats,  in  regard  to  the  scale  of  marking,  etc.,  in  order  to  secure 
uniform  series  of  maps  for  binding  for  office  use. 


ARTICLE    IV 

District  School  Bouixl 

Be*  .    7!).      Election]      The    school    district    annual    election    shall 
be  held  upon  the  third  Tuesday  of  June  in  each  year. 

.  80.  Personnel  of  the  Hoard]  The  district  school  board  of 
each  school  district  shall  consist  of  a  chairman,  a  clerk  and  a  treasurer 
who  shall  be  elected  at  the  time  of  the  school  district  annual  election, 
each  for  a  term  of  three  years,  as  follows: 

A  chairman  in  1907  and  every  three  years  thereafter. 

A  clerk  in   1908  and  every  three  years  thereafter. 


32  SCHOOL  LAWS 

A  treasurer  in  1909  and  every  three  years  thereafter. 

In  the  filling  of  vacancies  or  the  election  of  officers  for  a  new  district, 
they  should  be  elected  so  that  throughout  the  state  the  chairman  of  the 
school  boards  would  be  elected  on  the  same  year,  the  'clerks  the  succeed- 
ing year  and  the  treasurers  on  the  next  succeeding  year,  in  rotation.  That 
makes  it  uniform,  and  the  title  of  the  laws  says  that  it  is  to  establish  a 
uniform  system.  Opinion  by  J.  L.  Pyle,  Attorney  General. 

Provided,  that  school  officers  duly  elected  and  qualified  at  the 
time  of  the  passage  of  this  act  shall  continue  to  serve  as  officers  till 
the  expiration  of  their  respective  terms  of  office. 

Sec.  81.  Annual  Election]  Not  less  than  ten  days  hefore  the 
election  required  under  the  provisions  of  this  article,  the  district  clerk 
shall  post  notices  in  three  public  places  in  the  district.  Said  notices 
shall  specify  the  time  and  place  of  holding  the  election,  and  the  hours 
during  which  the  polls  shall  be  kept  open. 

The  chairman  and  clerk  of  the  district  board  shall  serve  as  judge 
and  clerk  of  the  election.  If  they  are  not  present  at  the  time  of  open- 
ing the  poll,  voters  present  may  select  a  judge  and  clerk  from  their 
number.  The  polls  shall  be  open  at  2  p.  m.  and  kept  open  two  hours 
in  the  district  having  but  one  school,  and  four  hours  in  districts  hav- 
ing more  than  one  school.  All  persons  who  are  qualified  electors 
under  the  constitution  of  the  state  shall  be  qualified  to  vote  at  any 
school  district  election.  The  voting  must  be  by  ballot,  and  the  polls 
and  tally  list  supplied  through  the  county  superintendent,  must  be 
kept  and  returned  to  the  district  clerk,  who  shall  upon  receipt  of  the 
same  issue  the  certificate  of  election  to  the  persons  receiving  the 
greatest  number  of  votes  as  shown  by  the  certified  returns; 

Provided,  that  in  case  of  a  tie  in  the  election  of  an  officer,  the 
contest  shall  be  settled  at  once  by  lot  by  the  board  of  election. 

Provided,  that  at  the  annual  school  district  election  the  electors 
shall  have  authority  to  instruct  the  board  in  matters  pertaining  to 
the  management  of  the  schools  for  the  coming  year.  They  shall  be 
.called  to  order  for  this  purpose  at  three  o'clock  p.  m.  or  as  soon 
thereafter  as  practicable.  The  chairman  of  the  school  district  board 
shall  act  as  chairman  of  the  meeting  and  the  clerk  shall  keep  the 
minutes  of  the  meeting  in  the  permanent  records  of  the  school  dis- 
trict. At  this  meeting  the  electors  may  instruct  the  board  and  it 
shall  be  their  duty  to  carry  into  execution  all  such  instructions,  per- 
taining to  the  branches  to  be  taught  in  addition  to  those  prescribed 
in  section  138;  the  time  at  which  the  schools  of  the  district  shall  be 
held;  the  amount  of  tax  levy,  to  direct  the  repair  of  the  school  houses, 
fixtures  and  out-buildings;  and  for  the  removal  of  the  school  house 
to  a  more  convenient  location,  for  the  erection  of  a  new  one,  or  the 
sale  of  an  old  one,  and  the  lands  belonging  thereto;  and  upon  any 
other  subject  pertaining  to  the  schools.  At  this  meeting  it  shall  be 
the  duty  of  the  clerk  and  treasurer  to  give  approximately  the  facts 
that  will  be  contained  in  their  respective  reports.  And  it  shall  be  the 
duty  of  the  district  board  to  carry  into  execution  all  such  instructions 
upon  a  majority  vote  of  the  electors  of  their  district. 


SOUTH  DAKOTA  33 

The  acts  of  a  school  board  or  the  committee  of  the  board  in  the  erec- 
tion of  a  school  house  are  legal  and  binding1  so  long  as  they  act  honestly 
and  for  the  good  of  the  district  and  keep  within  the  specified  limits  of 

.linburg  L.   &   M.   Co.    v.   Mitchell,    1    S.    D.    593. 

It  is   not  within  the  power  of  a  township  school  board,  or  any  number 
a  sub-district,  to  remove  a  school  house  located  within  such 

•  n  a  majority  vote  of  the  electors  of  such   sub-district, 
per  School  District,  2   S.   D.   414. 

board    cannot    be    compelled    by    mandamus    proceedings    to 

•  •ssed  wishes  of  the  patrons  of  the  district  in  any  mat- 

-  the  district,  purchase  of  sites,  etc.,  since  such  compliance  is 

with   the   board.      Heinz  v.  Moulton,   7   S.   D.    '212. 

i.ool  houses  is   not  authorized   except  by  a  majority 
Graves  v.  Jasper  School  District,  2  S.  D.  414. 

ded    its    authority    when    it    removed    the    desks 
1    them    in    a    sectarian    school.    See    Section 
Johnosn,   Attorney    General. 

•lie    organization   of   the   school    board   of   a   school    district   has 
offices  should  be  declared  vacant  by  the  county  superin- 

-  aid    officer   should   proceed   to    fill    the    vacancies    by    appoint- 
;>iion   by    Royal    C.    Johnson,   Attorney   General. 

tors    of    a    district    have    instructed    the    school    board    as 

:nent   of  the  schools  for   the   ensuing  year,   and   especially   as 

: ''iiui    branches   are   to   be   taught  aside   from   those   mentioned 

iii   the  la\v.  ti  of  additional  teachers  to  be  employed  to  teach 

such    instructions    are    binding    for    the    ensuing    year    and 

inded  by  the  electors  at  a  special  meeting.     Opinion  by  Royal 

C.    .!•  Attorney   General. 

••I.  board  does  not  have  authority  to  add  high  school  branches 

: udy    unless    so    instructed   by    the    electors   at    the   meet- 

-:i    the    day    of   election   on   thethirdTuesday   in   June.      Opinion    by 

ral    Clarence    C.    Caldwell. 

no  authority  of  law  empowering  a  school  board  to  pay  the 
_r  stables  for  horses  at  school  houses,  nor  does  it  appear  to 
of  the  legislature  to  extend  the  sound  discretion  of  the 

inion   i>y  Royal   C.  Johnson,   Attorney  General. 
n<>   power  to  bind  the  school  board  by   instructions  at  a 
5     Opinion   by   Attorney   General.   Royal  C.   Johnson. 

It   is   not  within   the  power  of  the  electors   to  transfer  money  from  one 
r,   nor  is   it  within  the  power  of  the   school  board   so   to   do. 
»n    by    Attorn.-y    General    Royal    C.    Johnson. 

Provided,  that  it  shall  be  the  duty  of  the  district  board  to  fur- 
nish, equip  and  supply  all  the  schools  in  the  district  according  to 
the  several  necessities  of  said  schools,  and  with  as  nearly  equal  school 
advantages  as  possible. 

Provided,  further,  that  nothing  contained  herein  shall  prevent 
the  district  board  from  exercising  a  sound  discretion  as  to  all  matters 

lining  to  the  duties  of  their  office  not  specially  provided  for  by  law. 

See.  82.  Qualification]  Such  officer  and  member  elected  under 
the  provisions  of  this  article  shall  qualify  on  or  before  the  second 
Tuesday  in  July  following  his  election,  and  shall  hold  his  office  for 

.umber  of  years  for  which  he  is  elected  and  until  his  successor  is 
elected  and  qualified. 

:i>le  to  hold  office  as  a  school  officer  unless  he  be  a 
.-•chool   district   at   the   time   he   is   elected,   with    the 
women   may    hold   school   offices.      Opinion   by  Attorney   Gen- 
'ohnson. 

Sec.  83.  If  any  person  appointed  or  elected  to  a  school  district 
office  shall  for  one  month  after  the  time  fixed  by  law  fail  to  qualify 
or  give  bond  as  provided  by  law,  or  whenever  any  school  district  shall 
for  any  reason  fail  to  elect  any  person  to  succeed  the  school  officer 
whose  term  shall  have  expired,  the  office  shall  be  deemed  vacant  and 


34  SCHOOL  LAWS 

the  county  superintendent,  shall  when  notified  of  such  vacancy,  proceed 
to  fill  the  same  by  appointment  and  such  appointee  shall  hold  the 
office  until  the  next  general  school  election,  when  a  successor  shall  be 
elected  to  fill  the  unexpired  term  of  said  office.  (Chapter  138  Session 
Laws  1911.) 

Sec.  84.  Oath]  All  school  district  officers  before  entering  upon 
the  duties  of  their  respective  offices  shall  take  an  oath  to  support  the 
constitution  of  the  United  States  and  of  the  state  of  South  Dakota, 
and  faithfully  and  impartially  to  perform  the  duties  of  such  office. 

Sec.  85.  Bond  Void]  The  school  treasurer  shall  on  or  before 
the  second  Tuesday  in  July  following  his  election,  and  before  enter- 
ing upon  his  duties  give  a  bond  to  the  school  district,  conditioned  that 
he  will  honestly  and  faithfully  discharge  his  duties  as  treasurer;  that 
he  will,  render  a  true  account  of  all  funds  and  property  that  shall 
come  into  his  hands,  and  pay  and  deliver  the  same  according  to  law; 
said  bond  shall  become  void  when  said  treasurer  has  completed  his 
term  and  all  his  acts  shall  have  been  approved  by  the  school  board 
and  a  majority  of  the  electors  at  any  regular  or  regularly  called 
special  meeting. 

Provided,  that  a  bona  fide  deposit  of  school  funds  in  the  name 
of  the  school  district  in  any  bank  or  depository  selected  by  a  majority 
of  the  school  electors  of  any  school  district  shall  relieve  the  school 
treasurer  from  the  liability  for  loss  of  said  deposited  funds  while  on 
deposit  therein.  Such  bond  shall  be  in  such  penal  sum  as  may  be  fixed 
by  clerk  and  chairman  of  the  board,  but  not  less  than  double  the  sum, 
as  nearly  as  can  be  ascertained  to  come  into  his  hands  in  any  one 
year  shall  be  signed  by  two  or  more  sufficient  sureties  and  shall  be  ap- 
proved by  the  clerk  and  chairman  of  the  board,  provided  that  in  all 
cases  where  the  bond  required  of  the  treasurer  shall  be  greater  than 
one  thousand  dollars  the  treasurer  elect  may  secure  a  surety  bond, 
subject  to  the  approval  of  the  clerk  and  chairman  of  the  board  the 
same  as  of  other  bonds  and  the  cost  of  said  bond  shall  be  paid  by  the 
district.  In  case  the  chairman  and  clerk  refuse  or  neglect  to  approve 
the  bond  of  the  district  treasurer  and  the  sureties  thereto  such  treas- 
urer may  present  the  same  to  the  county  superintendent  and  serve 
notice  thereof  upon  said  chairman  and  clerk;  and  upon  the  due  proof 
of  such  notice  being  made  to  the  county  superintendent,  he  shall,  un- 
less good  cause  for  delay  appear,  proceed  to  hear  and  determine  the 
sufficiency  of  the  bond  and  sureties  thereto,  and  may  approve  the 
same,  and  such  approval  shall  be  in  all  respects  valid. 

Whenever  a  treasurer  of  a  school  district  by  election  or  appoint- 
vment  becomes  his  own  successor  he  shall  give  new  bonds,  and  all  such 
officers  shall  qualify  anew  upon  entering  a  new  term. 

Sec.  86.  Bond  of  Clerk]  The  clerk  of  the  school  board  shall, 
on  or  before  the  second  Tuesday  in  July  following  his  election,  and 


SOUTH  DAKOTA  35 

before  entering  upon  his  duties,  give  a  bond  to  the  school  district  con- 
ditioned that  he  will  honestly  and  faithfully  discharge  his  duties  as 
clerk,  that  he  will  render  a  true  account  of  all  property  that  shall 
come  into  his  hands  as  such  clerk  and  deliver  the  same  according  to 
law.  Such  bonds  shall  be  in  the  penal  sum  of  one  hundred  dollars, 
shall  be  signed  by  two  or  more  sufficient  sureties,  and  shall  be  ap- 
proved by  the  chairman  and  treasurer.  In  case  of  neglect  or  refusal 
to  approve  such  bond,  it  shall  be  approved  in  such  manner  as  provided 
in  the  preceding  section  for  the  approval  of  the  bond  of  the  treasurer. 

S<T.  87,  No  officer  of  the  school  district  shall  perform  any  duties 
of  the  office  nor  receive  any  of  the  property,  money,  books  or  papers 
belonging  to  the  office,  nor  any  money  from  the  county  treasurer  or 
warrant,  until  he  has  fully  qualified  as  required  by  law. 

Sec.  88.  Xew  or  Additional  Bond]  The  county  superintendent 
may  at  any  time  require  a  new  or  additional  bonds  for  the  district  of- 
ficers whenever  it  may  be  deemed  necessary  by  him,  or  upon  the  failure, 
death  or  removal  from  the  county  of  any  one  of  the  sureties.  All 
such  bonds  shall  be  filed  with  the  county  auditor,  and  in  case  of  the 
breach  of  any  conditions  thereof,  the  county  superintendent  shall 
cause  an  action  to  be  commenced  and  prosecuted  thereon  in  the  corpo- 
rate name  of  the  school  district,  and  all  moneys  so  collected  shall  be 
paid  into  the  county  treasury  to  be  applied  to  the  use  of  the  schools  of 
said  district.  If  the  county  superintendent  either  fail  or  refuse  to 
bring  such  action  upon  the  breach  of  the  bond,  then  any  taxpayer  of 
the  district  may  cause  such  action  to  be  commenced,  and  the  necessary 
expenses  of  such  action  shall  be  paid,  unless  otherwise  ordered  by  the 
court,  out  of  the  county  treasury  from  the  funds  apportioned  to  such 
district. 

If  an  officer   fails    to   ti'ivf  a    m  \v   bund   within  one   month   as   may    be   re- 
superinU-ndent    the    office    shall    be    deemed    vacant    and    the 
•    shall   proceed   to  fill  such  vacancy   by   appointment.     Opinion 
1  Jeneral  Royal  C.   Johnson. 

Sec.  89.  Bonds  and  Oaths  Filed]  All  official  bonds  of  school 
district  officers  shall  be  filed  with  the  county  auditor  and  he  shall  give 
the  county  superintendent  immediate  notice  of  the  same.  The  oaths 
and  reports  of  school  district  officers  shall  be  filed  with  the  county 
superintendent. 

!)O.      Temporary    School    Officers]      Whenever    a   school    dis- 
trict shall  be  formed,  the  county  superintendent  of  schools  shall  ap- 
point temporary  officers  for  such  school  district,  who  shall  serve  until 
'the  first  annual  school   election   following  and  until   their  successors 
are  elected  and  qualified. 

Sec.  »l.  Vacancies]  Whenever  a  vacancy  may  occur,  from  any 
cause,  in  any  school  district  office  under  the  supervision  of  the  county 
superintendent,  he  shall  fill  such  vacancy  by  appointment,  and  such 


36  SCHOOL  LAWS 

officer  shall  hold  office  until  the  next  election,  when  the  vacancy  shall 
be  filled  by  a  vote  of  the  people. 

A  school  officer  must  be  a  bona  fide  resident  of  the  district,  for  the 
moment  he  moves  his  family  out  of  the  district  a  vacancy  exists.  Opinion 
by  J.  L.  Pyle,  Attorney  General. 

The  failure  to  hold  an  election  for  an  office  does  not  create  vacancy 
in  such  office,  but  the  present  incumbent  continues  to  serve  till  a  successor 
is  elected.  Opinion  by  S.  W.  Clark,  Attorney  General. 

When  a  person  who  is  not  an  elector  is  elected  to  an  office  the  office  to 
which  such  person  is  elected  should  be  declared  vacant.  Opinion  by  Royal  C. 
Johnson.  Attorney  General 

In  case  a  person  elected  to  an  office  fails  to  qualify  within  one  month 
from  the  date  of  election  a  vacancy  exists  and  the  person  elected  must  be 
appointed  by  the  superintendent  in  case  he  still  wishes  to  qualify  for  the 
office.  Opinion  by  Koyal  C.  Johnson,  Attorney  General. 

The  temporary  absence  of  a  member  of  the  school  board" from  the  dis- 
trict does  not  create  a  vacancy.  Opinion  by  Royal  C.  Johnson,  Attonn-y 
General. 

The  county  superintendent  appoints  to  fill  vacancy  until  the  next  an- 
nual election  and  not  for  the  unexpired  term.  The  balance  of  the  u ins- 
pired term  is  then  filled  by  election.  State  ex  rel  v.  l>is'gins  L'S  S  I  >.  II. 

Incapacity  of  Officer]  If  from  sickness  or  any  other  cause  such 
officer  shall  become  incapacitated  or  unable  to  attend  to  the  duties 
of  his  office,  the  fact  shall  be  certified  to  the  county  superintendent 
by  the  clerk  of  the  school  district.  If  the  clerk  fails  to  notify  the 
county  superintendent  of  any  vacancy  that  may  exist,  it  shall  be  the 
duty  of  the  remaining  officer  or  officers  to  do  so,  and  a  successor  shall 
be  appointed  to  fill  such  vacancy,  and  such  appointment  shall  be  held 
official  until  the  next  regular  election. 

Sec.  92.  Meetings  of  Board]  District  boards  shall  hold  three 
regular  meetings  each  year  for  the  transaction  of  business  to-wit:  On 
the  second  Tuesday  in  July,  the  last  Tuesday  in  November  and  March 
at  such  place  and  hour  as  may  be  fixed  by  the  school  board. 

Provided,  that  the  district  clerk  shall  when  requested  by  a  ma- 
jority of  the  board,  call  a  special  meeting  at  any  time  by  giving  written 
notice  to  each  member  of  the  board. 

Sec.  93.  Special  Meetings  of  Voters]  Provided,  that  in  any 
school  district  five  legal  voters  may  petition  the  clerk  to  call  a  special 
meeting  of  the  voters  at  any  time,  and  it  shall  be  the  duty  of  the 
clerk  to  call  such  meeting  by  posting  such  notices  at  least  ten  days 
prior  to  the  time  of  the  meeting  in  three  of  the  most  conspicuous 
places  in  the  district.  Such  notices  shall  give  the  date,  hour,  and  ob- 
ject of  the  meeting. 

Sec.  94.  Chairman — Duties  of]  The  chairman  shall  preside  at 
all  meetings  of  the  board.  In  his  absence  the  chairman  pro  tempore 
shall  preside.  The  chairman  shall  perform  such  other  duties  as  are 
prescribed  by  this  article. 

Sec.  95.  Clerk — Duties  of]  The  clerk  of  the  board  shall  keep 
an  accurate  record  of  all  proceedings  of  the  board,  give  or  post  all 
notices,  make  out  all  reports  and  statements,  shall  take  census  of  che 
children  of  legal  school  age  in  his  district  as  hereinafter  provided, 


SOUTH  DAKOTA  37 

and    perform    all   other    duties   required    by    law   or   by    order   or    the 
board. 

fW.  Clerk — Annual  Report]  The  clerk  of  each  district, 
shall,  on  or  before  the  first  day  of  August  of  each  year,  make,  sign, 
transmit,  or  deliver  to  the  county  superintendent,  an  annual  report 
in  writing  covering  the  preceding  school  year  and  including-  all  the 
facts  and  statistics  of  the  school  district  which  are  required  to  be 
included  m  the  county  superintendent's  state  report  and  in  the  same 
order  therein  required,  except  any  item  therein  peculiar  to  the  county 
and  not  belonging  to  the  district.  He  shall  also  report  the  branches  of 
study  in  the  graded  and  ungraded  schools  separately,  the  names  and 
addresses  of  the  district  school  officers,  and  the  dates  when  their 
terms  severally  expire,  and  all  other  facts  and  statistics,  which  the 
county  superintendent  may  require  for  his  report  to  the  superintend- 
ent of  public  instruction. 

Sec.  97.  Clerk — All  District  Meetings]  The  district  clerk  shall 
be  clerk  of  all  district  meetings  ,but  if  such  clerk  shall  not  be  present 
or  being  present  shall  refuse  to  act  at  such  district  meeting,  the 
voters  present  may  appoint  a  clerk  for  such  meeting,  who  shall  cer- 
tify the  proceedings  thereof,  and  the  same  shall  be  recorded  by  the 
clerk  of  the  district. 

See.  98.  Clerk — Draw  and  Sign  Warrants]  The  clerk  shall 
draw  and  sign  all  warrants  for  the  payment  of  money  for  the  pur- 
pose legally  ordered  by  the  board,  and  every  such  warrant  shall  be 
countersigned  by  the  chairman  of  the  board.  No  warrant  shall  be 
drawn  by  the  clerk  except  upon  the  presentation  of  a  bill  for  the 
r.ervice  rendered,  duly  certified,  and  the  same  shall  be  retained  by  him 
as  a  Aoucher  and  placed  on  file  in  his  office. 

School   boards   cannot   issue  warrants   prior   to   the   incurring-  of  an   in- 
Iness   or    the    filing   of   bills    covering    the   indebtedness,    nor   can    war- 
rants In-  issm-d  before  funds  have  been  provided  for  any   contemplated  in- 
1  >pinion    by   Royal    C.    Johnson,    Attorney    General. 

SIT.  99.  School  Census]  It  shall  be  the  duty  of  the  clerk  of  the 
school  district  board  or  clerk  of  the  board  of  education  or  some  per- 
son employed  by  him  in  each  district  in  the  state  on  or  before  the 
first  Monday  in  June  of  each  year  to  take  the  census  of  all  children 
under  twenty-one  and  over  six  years  of  age,  residing  in  the  district. 

Persons    under   twenty-one   years    of   acre    who    are    married    .should    be 
included  in  the  census.     Opinion  by  Phiol  Hall,  Attorney  Gen 

In  all  cases  where  the  clerk  employs  another  person  to  take  the 
school  census,  before  entering  upon  the  duty  of  taking  the  school 
census  such  person  shall  take  and  subscribe  an  oath  to  perform  faith- 
fully the  duties  of  census  enumerator  of  such  school  district  to  the 
best  of  his  ability  and  that  he  will  by  a  house  to  house  visitation  or 
by  conference  with  a  member  of  each  family  enter  in  the  said  census 
names  of  all  children  of  legal  school  age,  as  herein  defined,  and  none 


38  SCHOOL  LAWS 

other,  and  said  oath  he  shall  file  with  the  county  superintendent  of 
schools. 

The  census  shall  show  the  age  of  the  child  on  May  first,  the  name 
of  the  parent  or  guardian  of  each,  and  shall  be  filed  with  the  county 
superintendent  on  or  before  the  said  first  Monday  in  June.  The  clerk 
shall  also  place  one  copy  of  said  census  in  the  register  of  each  school 
in  the  district.  In  taking  the  census  the  clerk,  either  by  a  house  to 
house  visitation  or  by  conference  with  a  member  of  each  family  shall 
determine  positively  the  data  regarding  all  children  entitled  to  be 
enrolled  on  the  census  as  herein  defined.  If  any  clerk  or  person  em- 
ployed by  him  shall  wilfully  enter  and  return  in  said  census  the  names 
of  any  children  not  lawfuly  entitled  to  enrollment  on  account  of 
either  age  or  residence  he  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  subject  to  a  fine  not  exceeding  one  hun- 
dred dollars.  For  the  labor  incurred  in  taking  the  census,  the  clerk 
or  person  employed  by  him  shall  be  entitled  to  receive  such  remunera- 
tion as  shall  be  fixed  by  the  district  board,  which  shall  be  paid  from 
the  district  treasury.  No  clerk  or  person  employed  by  him  shall  re- 
ceive pay  for  the  service  of  taking  the  census  until  said  report  shall 
have  been  approved  by  the  county  superintendent  and  the  chairman 
of  the  district  board  notified  by  the  county  superintendent.  Provided, 
that  said  remuneration  so  received  shall  not  be  counted  as  salary. 

Sec.    100.      Census,    Compared    by    County    Superintendent]      It 

shall  be  the  duty  of  the  county  superintendent  of  schools  to  receive 
such  census  from  each  school  district  clerk  in  his  county,  and  to  in- 
spect carefully  the  same,  and  by  comparison  with  the  previous  census 
of  said  district,  and  other  means  vertify  its  accuracy  and  if  on  exam- 
ination and  comparison  he  find  the  said  census  to  be  inaccurate,  in- 
sufficient or  including  names  not  properly  enrolled  in  the  school  dis- 
trict, 'it  shall  be  his  duty  to  cause  a  new  census  of  the  said  school 
district  to  be  made,  and  the  expense  thereof  shall  be  charged  to  and 
paid  by  the  said  district  so  making  the  insufficient,  false  or  fraudu- 
lent return.  In  which  case  the  first  census  enumerator  shall  be  en- 
titled to  no  remuneration. 

Sec    101.      Census    Sent   to    Commissioner   of    School   and    Public 

Lands]  On  or  before  the  first  day  of  July  in  each  year,  each  county 
superintendent  shall  report  under  oath  to  the  commissioner  of  school 
and  public  lands  the  enumeration  of  persons  of  school  age  in  each 
school  district  in  his  county,  according  to  the  census  of  school  dis- 
tricts as  hereinbefore  provided.  Upon  receipt  of  such  report  of  the 
enumeration  of  children  residing  in  each  school  district  in  the  state, 
it  shall  be  the  duty  of  the  state  commissioner  of  school  and  public 
lands  to  inspect  carefully  each  report  so  received  and,  by  comparison 
or  otherwise,  to  satisfy  himself  of  the  accuracy  thereof,  and  if  upon 
such  inspection,  comparison,  or  by  other  means  he  shall  become  satis- 
fied that  the  census  of  any  school  district  as  reported  is  insufficient, 


SOUTH  DAKOTA  39 

false,  or  fraudulent,  it  shall  be  his  duty  to  provide  for  a  re-enumera- 
tion of  the  said  school  district,  and  the  expense  of  such  re-enumera- 
tion shall  be  paid  by  the  school  district  so  re-enumerated.  And  upon 
the  census  of  all  of  the  school  children  secured,  as  hereinbefore  pro- 
vided, he  shall  apportion  the  school  funds  as  provided  by  law. 

.  102.  Treasurer — Duties  of]  The  school  treasurer  shall 
keep  such  accounts  and  make  such  reports  as  are  required  of  him  by 
law.  He  shall  pay  no  money  out  of  the  school  funds  in  his  hands  ex- 
cept upon  the  warrant  of  the  school  board  signed  by  the  clerk  and 
countersigned  by  the  chairman.  He  shall  pay  all  warrants  properly 
drawn  and  signed  when  presented  so  long  as  there  is  any  money  in 
his  hands  or  subject  to  his  order  for  their  payment,  and  shall  draw 
all  money  in  the  hands  of  the  county  treasurer  belonging  to  his  dis- 
trict, at  least  once  every  three  months  in  each  year. 

A    treasurer   of   a    school    district   properly    refuses    to    pa  r    a    warrant 
a    teacher   who    was    unlawfully    appointed    because    she    did    not 
hold  a   lawful  certificate.     Hardy   v.   Purington,   6  S.  D.   . 

The    treasurer    is    not   obliged    to    accept   orders    or    warrants    illegally 
drawn.     Hardy   v.   Purington,   6  S.  D.   3S2. 

t surer   can   hold   the   office    of   school    treasurer.      Opinion 
by  J.   Is.   Pyle.  Attorney  General. 

-trict   authorizes   the   clerk   to   draw   warrants    tho   chair- 
man   must    countersign    the   same.      Should    he    refuse    he    can    be    compelled 
to  do  so  by   mandamus  proceedings.     Opinion  by  J.  L.   Pyle,   Attorney   Gen- 
School  funds  may  not  properly  be  used  for  the  conduct  of  private  bus- 
Opinion  stant   Attorney  General  M.  Harry  O.Brien. 

irer  of  a  school  district  does  not  have  the  right  to  use  school 
funds  for  his  own  private  use.     Opinion  by  Royal  C.  Johnson.  Attorney  Gen- 
Sec.  103.     Whenever  a  warrant  is  presented  to  the  treasurer  for 
payment,  and  there  is  no  money  in  his  hands  or  subject  to  his  order 
for  the  payment  of  such  warrant  he  shall  endorse  on  such  warrant, 

"Presented  for   payment  this day  of 

19 and  not  paid  for  want  of  funds,"  and  sign  such  endorsement. 

If  he  has  in  his  hands  or  subject  to  his  order  money  for  the  part 
payment  of  such  warrant,  he  shall  make  such  part  payment  and 
endorse  the  sum  on  the  warrant  and  add  "balance  not  paid  for  want 
of  funds,"  signing  the  same.  He  shall  keep  a  correct  register  of  all 
warrants  so  presented  and  endorsed.  Every  warrant  presented  and 
endorsed  shall  draw  interest  for  the  amount  unpaid  at  seven  per  cent 
per  annum  until  paid. 

Provided,  that  whenever  there  shall  come  into  the  hands  of  the 
treasurer,  or  subject  to  his  order,  money  applicable  to  the  payment 
of  any  warrant  which  has  been  so  presented  and  registered,  the  treas- 
urer shall  notify  in  writing,  by  mail,  the  drawee  of  such  warrant,  at 
his  last  known  place  of  residence,  to  present  such  warrant  for  pay- 
ment, and  interest  shall  cease  upon  every  such  warrant  within  ten 
days  after  such  notice  shall  have  been  sent  and  such  money  shall  be 
held  for  the  payment  of  such  warrant. 

The    treasurer   of   a   school    district    is    personally    liable    for    misrepre- 
sentation as   to   warrants.     Whitbeck   v.   Sees,   10  S.   D.   417. 

The   school   district   is   not   liable   for   the   discount   on   warrants   issued. 


40  SCHOOL  LAWS 


The  law  provides  for  registering  warrants  when  there  are  insufficient 
funds  for  the  payment  thereof,  and  in  case  the  holder  of  any  warrant  de- 
sires to  cash  the  same  without  following  the  procedure  therein  prescribed, 
such  holder  must  himself  bear  the  loss  of  the  discount.  Opinion  by  At- 
torney General  Royal  C.  Johnson. 

Registered  warrants  must  be  paid  in  the  order  of  registration.  Opin- 
ion by  Attorney  General  Royal  C.  Johnson. 

Sec.  104.  Manner  of  Drawing  Warrants]  Every  warrant  drawn 
by  the  clerk  of  the  district  board  on  the  district  treasurer  shall  specify 
the  purpose  for  which  the  money  is  paid,  the  fund  on  which  it  is 
drawn  and  the  person,  firm  or  corporation  to  whom  paid; 

Provided,  that  no  warrant  shall  be  issued  except  for  indebted- 
ness incurred  prior  to  its  issue. 

Sec.  105.  Salary  of  School  Officers]  The  chairman  shall  re- 
ceive an  annual  salary  of  five  dollars,  and  such  remuneration  for  at- 
tending such  meeting  of  the  school  officers  as  provided  for  in  section 
42,  and  shall  receive  no  other  compensation  for  his  services  as  a  dis- 
trict officer. 

The  district  clerk  shall  receive  a  salary  of  five  dollars  per  annum 
for  every  school  or  department  thereof  in  the  district  and  in  like  man- 
ner the  district  treasurer  shall  receive  five  dollars  per  annum  for 
every  school  or  department  thereof  in  this  district. 

In  case  a  school  is  closed  and  pupils  transported  to  another  school 
the  officers  are  not  entitled  to  compensation  on  account  of  such  .school. 
Opinion  by  S.  W.  Clark,  Attorney  General. 

School  officers  draw  salaries  proportionate  to  the  time  of  service. 
Opinion  by  Attorney  General  Royal  C.  Johnson. 

In  case  an  officer  resigns  or  movi.-.s  ;iway  he  is  entitled  to  his  salary 
for  the  portion  of  the  year  he  has  served.  Opinion  by  Royal  C  .Johnson. 

The  school  board  may  designate  one  or  more  of  its  members  to  super- 
intend the  construction  of  a  school  house  and  allow  compensation  for 
performing  such  services.  Opinion  by  Attorney  General  Royal  C.  Johnson. 

Provided,  that  in  computing  the  salary  of  such  offices  no  school 
shall  be  included  unless  the  'same  shall  have  been  taught  at  least 
three  months  the  preceding  school  year; 

Provided,  that  such  salary  shall  not  exceed  twenty-five  dollars 
per  annum  for  the  treasurer.  They  shall  each  receive  remuneration 
additional  for  attending  such  meetings  of  the  school  officers  as  pro- 
vided for  in  section  42. 

Provided,  further,  that  the  county  superintendent  shall,  upon 
receipt  of  the  annual  report  of  the  clerk  and  treasurer,  if  correct, 
complete,  and  received  on  or  before  August  first  of  each  year,  notify 
the  chairman  of  said  school  board  that  such  reports  have  been  re- 
ceived. Thereupon  the  chairman  of  the  school  board  shall  sign  the 
warrant  for  their  annual  salary  and  no  part  of  said  salary  shall  be 
paid  until  said  notice. 

Sec.  106.  Prohibition  on  School  Officers]  No  school  officer 
shall  be  employed  to  teach,  nor  to  draw  public  money  as  a  teacher 
in  any  district  while  holding  office,  except  by  permission  of  the  county 
superintendent. 


SOUTH  DAKOTA  41 

ARTICLE  V 

Sec.  107.      Powers  and  Duties  of  the  District  School  Board]      The 

district  school  board  shall  have  general  charge,  direction  and  manage- 
ment of  the  school  or  schools  of  the  district,  and  the  care,  custody 
and  control  of  all  the  property  belonging  to  it,  subject  to  the  provi- 
sions of  this  article.  They  shall  organize,  maintain  and  conveniently 
locate  schools  for  the  education  of  all  children  of  school  age  within 
the  district.  If  a  petition  signed  by  the  persons  charged  with  the 
support  and  having  the  care  and  custody  of  seven  or  more  children 
of  school  age  all  of  whom  reside  not  less  than  three  miles  from  the 
nearest  school,  is  presented  to  the  board  asking  for  the  organization 
of  a  school  for  such  children,  the  board  shall  organize  such  school 
and  employ  a  teacher  therefor,  if  a  suitable  room  for  such  school 
can  be  leased  or  rented  at  some  proper  location  not  more  than  three 
miles  distant  from  the  residence  of  any  one  of  such  children. 

Ordinarily    it   is    not   a   good    plan   for   school   boards    to    go   beyond    the 

express  terms  of  their  authority  as  laid  down  in  the  stat\ites,  because  they 

no    power    except    that    expressly    conferred    upo.i    them    by    law,    and 

they    are    likely   to   get   into   litigation   on    their   ov\-n    account   by    exceeding 

the  limits  of  their  authority.     Opinion  by  Philo  Hall,  Attorney  General. 

The  members  of  a  school  board  are  individually  bound  by  a  contract 
<:1  by  a  majority  of  the  board  in  their  individual  names  with  the  ad- 
dition of  their  postoffice  address,  where  the  bodv  recites  an.-l  agreement 
"between  the  undersigned  members  of  the  hoard,"  p.nd  that  "we,  the  un- 
designed, hereby  order  *  *  *  *  provided  a  majority  of  said  board 
sign  this  agreement,"  adding  "we  agree  to  pay  for  the  above  named  goods 
when  delivered."  Western  Pub.  House  v.  Murdick,  1  S.  D.  -07. 

A  board  of  education  has  power,  independently  of  express  legisla- 
tion, to  close  the  schools  when  there  is  imminent  danger  from  smallpox 
until  such  danger  subsides,  or  to  suspend  such  pupils  as  refuse  to  be 
vaccinated.  Glover  v.  Lead  Bd.  of  Edu.,  14  S.  D.  139. 

Upon  the  face  of  a  contract,  and  without  considering  the  extraneous 
circumstances,  the  members  of  a  school  board  are  personally  liable  upon 
itract  for  the  purchase  of  books,  which  is  signed  by  them  in  their 
individual  names,  without  any  separate  designation  as  members  of  the 
board,  nothwithstanding  that  they  are  described  as  such  in  the  body  of  the 
contract,  and  that  there  is  a  provision  that  the  seller  shall  accept  in  pay- 
ment an  order  or  warrant  issued  on  the  treasurer  of  the  school  township. 

rn   Pub.   House  v.   Bachman,   2  S.   D.   512. 

It  is  the  policy  of  the  law  to  exonerate  school  officers  as  well  as 
other  public  servants  required  to  exercise  judgment  and  discretion,  from 
liabilities  in  damages  occasioned  by  their  official  conduct,  but  they  must 
act  honestly,  in  good  faith  and  within  the  powers  conferred  upon  them. 
Whitbeck  v.  Sees,  10  S.  D.  417. 

No    liability   arises   from   an    instrument    purporting    to    bind    school    di- 
rectors personally  for  the  purchase  price  of  goods  in  case  of  non-payment 
e  county  treasurer  within  thirty  days  after  delivery,  when  it  appears 
that,    though    the    instrument    bears    the    signatures    of    a    majority    of    the 
i.    it    WMS    delivered    to    the    plaintiff    only    on    the    express    and    unfilled 
condition  that  they  should  he   bound  only   in   the   event  that  the  signatures 
of  all  the  board  be  obtained.     Manufacturers  Furnishing  Co.  v.   Kremer,   7 
S.    D.    463. 

A  school  board  which  issues  an  order  to  a  contractor  for  the  erection 

of   a   school    house    for   the    purpose    of   enablinng   him    to    raise    money    to 

perform    his    contract,   and   which    assents   to   his   transfer   of   the    order   for 

that   purpose,    cannot   escape   liability    thereon    because   of   the   contractor's 

failure  to   complete  the  contract.      Meyer  v.   School   District   31,   4   S.   D.   420. 

A    recovery    may   be    had   upon   a    quantum   meruit   by    one   who    built   a 

school    house    which    the    school    district    accepted,    and    has    used    continu- 

.    where   the   bond    issued    by   the   district   as   evidence   of   its    indebted  - 

was  adjudged  void  as  of  a  denomination  in  excess  of  the  amount  al- 

i    by   statute.      Livingston   v.   School   District  No.   7,    11   S.    D.    150. 

rc-n    who   are   domiciled   in   a   private   Orphans'   Asylum   or   children 
of   parents    residing   at   a   poor    farm   cannot   be    excluded    from   attendance 


42  SCHOOL  LAWS 

at  the  public  school  situated  in  the  district  in  which  such  institution  may 
be  located.  Opinion  by  Royal  C.  Johnson,  Attorney  General. 

Parents  who  are  '  ^employed  in  public  institutions  such  as  Indian 
Schools  and  who  have  residence  in  such  institutions  are-  entitled  to  free 
tution  for  their  children  in  the  schools  of  the  district  in  which  such  in- 
stitutions are  located.  Opinion  by  Royal  C.  Johnson,  Attorney  General. 

Minor  children  can  have  residence  for  school  purposes,  other  than 
that  of  their  parents,  otherwise  in  many  cases  they  would  be  deprived 
of  the  benefits  of  the  school.  When  a  minor  has  poor  parents,  the  pover- 
ty of  the  parents  renders  it  absoultely  necessary,  in  many  cases,  that  a 
home  for  the  minor  children  should  be  found  in  many  places  different  than 
that  of  the  parents.  Opinion  by  Royal  C.  Johnson,  Attorney  General. 

If  the  board  refuse  to  provide  any  school  in  such  case,  or  if  they 
assign  and  distribute  such  children  to  other  schools,  so  that  such  school 
is  not  maintained  for  at  least  four  months,  against  the  wishes  of  the  pat- 
rons of  such  schools  and  the  best  interest  of  the  pupils  and  the  district,  it 
is  my  opinion  that  the  school  board  may  be  compelled  in  such  case  to 
provide  for  as  many  months  of  school  as  will  meet  the  wishes  of  the 
patrons  and  the  best  interests  of  the  pupils  and  the  district.  Opinion  by 
Royal  C.  Johnson,  Attorney  General. 

The  school  board  does  not  have  power  to  employ  teachers  for  schools 
located  in  another  district.  Opinion  by  Royal  C.  Johnson,  Attorney  General. 

'Children  whose  parents  reside  in  the  district  temporarily  for  the  pur- 
pose of  educating  the  children  must  pay  tuition  for  such  privilege.  Opin- 
ion by  Royal  C.  Johnson,  Attorney  General. 

A  municipal  corporation  (a  school  district)  is  not  liable  for  the  acts 
of  its  officers,  which  are  in  excess  of  their  authority.  The  officers  are 
personally  liable.  Opinion  by  Royal  C.  Johnson,  Attorney  General. 

Sec.  108.  When  pupils  reside  more  than  two  and  one-half  miles 
from  the  nearest  school  house  in  the  school  district  and  not  to  exceed 
three  miles,  then  the  parent,  guardian  or  pupil  shall  receive  from  his 
school  district  ten  cents  per  day  for  each  pupil,  if  more  than  three 
miles  and  not  to  exceed  four  miles  twenty  cents  per  day.  If  more  than 
four  miles  and  not  to  exceed  five  miles  thirty  cents  per  day.  If  more 
than  five  miles  forty  cents  per  day.  'Provided,  however,  that  in  cases 
where  more  than  one  pupil  from  any  family  receives  compensation  un- 
der the  provisions  of  this  section,  the  total  amount  allowed  for  any 
one  family  shall  not  exceed  twenty  (20c)  cents  for  traveling  three 
miles  or  under,  and  not  to  exceed  forty  (40c)  for  traveling  between 
three  and  four  miles,  and  not  to  exceed  sixty  (60c)  cents  for  traveling 
between  four  and  five  miles,  and  not  to  exceed  eighty  (80c)  cents  for 
traveling  five  miles  or  more.  Provided,  that  such  financial  provision 
shall  be  only  for  actual  attendance  at  public  school  and  conditioned  that 
the  district  in  no  way  furnish  means  of  conveyance.  Provided,  that 
when  any  pupil  shall  have  passed  the  eighth  grade,  such  pupil,  his 
parents  or  guardians  shall  not  receive  payment  for  transportation  to 
or  from  school.  Provided,  that  when  pupils  reside  nearer  some  school 
in  another  school  township  or  district  then  the  school  board  or  board 
of  education  can  make  arrangements  for  the  schooling  of  such  pupils 
at  such  other  school  by  paying  tuition  at  the  rate  of  two  ($2.00)  dol- 
lars per  month  for  each  pupil  so  enrolled  from  any  such  district  unless 
some  other  rate  be  agreed  upon  between  school  boards  of  districts  con- 
cerned, prior  to  the  enrollment  of  any  such  pupil,  such  tuition  to  be 
computed  from  the  time  of  enrollment  until  such  pupil  leaves  such 
school  permanently,  or  to  the  close  of  the  school  term,  and  such  tran- 
sportation as  previously  provided  for  in  this  section.  Provided,  fur- 


SOUTH  DAKOTA  43 

ther,  in  determining  the  distance  to  be  traveled  to  get  to  any  school 
the  most  direct  route  to  be  established  by  the  school  district  board, 
subject  to  appeal  as  provided  in  Sections  114,  115  and  116,  of  Chap- 
ter 135,  Session  Laws  of  1907,  shall  be  the  basis  of  computation.  Pro- 
vided, further,  that  no  township  or  district  shall  expend  more  than 
Eight  Hundred  ($800.00)  Dollars  for  transportation  in  any  one  year. 
Provided,  further,  that  no  payments  shall  be  made  until  the  close  of 
the  school  year,  and  if  bills  allowed  are  in  excess  of  Eight  Hundred 
($800.00)  Dollars,  said  sum  of  Eight  Hundred  ($800.00)  Dollars  shall 
be  divided  pro  rata. 

But  this  act  shall  not  apply  to  school  districts  organized  as  con- 
solidated school  districts  under  Chapter  194  of  the  Session  Laws  of 
1913.  (Chapter  163,  Session  Laws  1915.) 

.1  districts  organized  under  special  charters  are  liable  for  trans- 
portation unless  this  matter  is  especially  treated  in  the  povisions  of  the 

r.      Opinion  by   Clarence   C.   Caldwell. 

It   is   the   duty   of   the   school   board   to   provide    for   transportation   and 
in   case    they    do   not   do   so   there   is   a   plain,   speedy   and   adequate   remedy 
against  them  by   mandamus,  as  statel   by   the  Supreme  Court  in  Swenehart 
tthman,  1^  S.  D.  313.     Opinion  by  Royal  C.  Johnson,  Attorney  General. 
There   seems   to   be    no   escape   from   the   conclusion   that   the   transpor- 
tation  for  attending   the   nearest   school    in  an  adjoining    district   must   be 
computed   at    the   same    rate    as    transportation    is    computed    for    attending 
1  in  the  home  district,  conditioned,   of  course,  upon  actual  attendance 
at  public  school  and  that  the  district  in  no  way  furnish  means  of  convey- 

Opinion   by   Royal  C.   Johnson,   Attorney   General 

Where  it  is  impossible  for  the  teacher  to  obtain  a  boarding  place 
within  a  reasonable  distance  it  might  be  within  the  power  of  the  school 
board  to  provide  transportation.  Opinion  by  Royal  C.  Johnson,  Attorney 
General. 

The    district    is    not    liable    for    tuition    and    transportation    for    attend- 
in  another  district  without  previous  auhority   from  the  school   board. 
.ion    I'.v    Royal   C.   Johnson,   Attorney   General. 

The    school   board    is    not   liable   for    transportation    or    tuition    of    non- 
nt   pupils    residing   in   this   state   for   school   advantages.      Opinion   by 
Attorney    General,   Royal   C.   Johnson. 

:cts  organized  under  Article  XI  are  liable  for  transportation  and 
tuition  under  the  provisions  of  this  law.  Opinion  by  Clarence  C.  Caldwell, 
Attorney  General. 

When  a  pupil  lives  more  than  two  and  a  half  miles  from  school  the 
pupil  is  entitled  to  mileage  for  the  entire  distance.  Opinion  by  C.  C.  Cald- 
well.  Attorney  General. 

;ool  board  cannot  pay  the  tuition  for  a  pupil  in  a  sectarian  school, 
but  it  must  be  in  a  public  school.  Opinion  by  Sioux  K.  Grigsby,  Assistant 
Attorney-  General. 

hool   district   is   not   liable  for  tuition   or   transportation  of  a  child 
h  child  is  bona  fide  resident  of  the  district.     Opinion  by  Attorney 
:ioy;il   C.   Johnson. 

may    not   legally    pay   transportation    for   pupils   under   school 
::ion   by    Attorney    General   Royal   C.   Johnson. 

K)8a.  Whenever  children  of  school  age  reside  in  territory 
not  organized  into  a  school  district,  it  shall  be  the  duty  of  the  county 
commissioners  to  provide  for  the  education  of  such  children  by  making 
provisions  for  the  payment  of  their  tuition  in  and  transportation  to 
some  school  in  an  organized  school  district.  Provided,  that  the  board  of 
county  commissioners  may,  in  lieu  of  providing  for  transportation,  ex- 
pend a  reasonable  amount  for  room  and  board  of  said  pupils  whose 
attendance  at  school  can  be  provided  for  by  such  means  more  econom- 
ically and  satisfactorily.  (Chapter  192,  Session  Laws  1913.) 


44  SCHOOL  LAWS 

Sec.  109.  The  district  school  board  shall  make  all  necessary 
repairs  to  the  school  houses,  out-buildings  and  appurtenances,  and 
shall  furnish  fuel  and  all  necessary  supplies  for  the  schools. 

The  word  "repairs"  does  not  include  the  enlargement  or  rebuilding 
of  the  school  house,  if  that  is  necessary,  a  vote  of  the  electors  is  essential. 
Opinion  by  Philo  Hall,  Attorney  General. 

Water  Closets]  They  shall  give  special  attention  to  the  matter 
of  convenient  water  closets  or  privies,  and  provide  on  every  school 
house  site,  not  within  an  independent  city  or  town  district,  two  sep- 
arate buildings  located  at  the  farthest  point  from  the  main  entrance 
to  the  school  house,  and  as  far  from  each  other  as  may  be,  and  keep 
them  in  wholesome  condition  and  good  repair.  In  independent  city 
or  town  districts  where  it  is  inconvenient  or  undersirable  to  erect  two 
separate  out  houses,  several  closets  may  be  included  under  one  roof, 
and  if  outside  the  school  house  each  shall  be  separated  from  the  other 
by  a  brick  wall,  double  partition,  or  other  solid  or  continuous  bar- 
rier, extending  from  the  roof  to  the  bottom  of  the  vault  below,  and 
the  approaches  to  the  outside  doors  for  the  two  sexes  shall  be  sepa- 
rated by  a  substantial  close  fence  not  less  than  seven  feet  high  and 
thirty  feet  in  length. 

Sec.  110.  The  district  school  board  shall  employ  the  teachers 
for  the  schools  of  the  district,  and  may  dismiss  any  teacher  at  any 
time  for  plain  violation  of  contract,  gross  immorality,  or  flagrant 
neglect  of  duty; 

Provided,  that  every  contract  for  the  employment  of  a  teacher 
shall  be  in  writing,  and  authorized  by  a  majority  of  the  members  of 
the  district  school  board,  and  provided  further,  that  in  any  school 
district  consisting  of  one  or  more  townships,  in  any  school  except  in 
a  city,  town  or  village  of  more  than  fifty  inhabitants,  if  a  petition  be 
presented  to  the  clerk  of  said  district  or  school  board  on  or  before 
the  regular  school  meeting  in  July,  signed  by  three-fourths  3f  the 
parents  or  guardians  of  persons  of  school  age  belonging  to  .my  school 
in  said  district,  such  petition  asking  that  a  certain  teacher  be  em- 
ployed for  the  following  school  year,  provided  said  -teacher  at  the 
time  of  said  meeting  is  the  holder  of  a  valid  second  or  third  grade 
certificate 'or  certificate  of  higher  grade,  it  shall  be  the  duty  of-  the 
school  board  so  petitioned  to  employ  said  teacher  provided  said 
teacher  is  willing  to  teach-  said  school  at  the  wages  paid  other  teach- 
ers in  said  district  of  like  qualifications  and  holding  like  certificates. 

If  any  member  of  a  school  board  mentioned  in  this  section  shall 
refuse  or  fail  to  employ  teacher  as  provided  in  this  section,  he  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof,  be 
fined  in  a  sum  not  less  than  twenty  nor  more  than  fifty  dollars.  ('Chap- 
ter. 3  6,  Session  Laws  1909.) 

A  majority  of  a  school  board  may  act  and  it  is  the  duty  of  the  officer 
charged  by  law  with  executing  such  directions  to  execute  the  same  as  if 
the  board  had  acted  unanimously  on  the  hearing.  Opinion  by  Attorney 
General  Royal  C.  Johnson. 


SOUTH  DAKOTA  45 

111.  Oftk  ri-s'  Meetings]  The  district  school  officers  shall 
attend  meetings  of  school  officers  as  provided  for  in  section  42. 

111*.  Pupils  from  Other  Districts]  The  district  school 
board  shall  admit  to  the  schools  in  the  district  pupils  from  other  dis- 
tricts, when  it  can  be  done  without  injuirng  or  overcrowding  such 
schools,  and  make  regulations  for  their  admission  and  payment  of 
their  tuition  therein.  (See  note  section  1,  Art.  VIH-^Const.) 

It  shall  be  the  duty  of  the  board  at  the  annual  July  meeting 
each  year,  to  make  the  assignment  and  distribution  of  pupils  to  and 
among  the  schools  in  the  district,  and  in  such  assignment  and  dis- 
tribution the  board  shall  take  into  consideration  the  wishes  of  the 
patrons  and  the  best  interests  of  the  pupils  and  the  district. 

Sec.  113.  May  Discontinue  School]  Any  school  in  the  dirtrict 
may  be  discontinued  by  the  district  school  board,  for  the  purpose  of 
combining  two  or  more  schools  into  one  and  to  make  arrangements 
for  the  transportation  of  the  pupils  to  said  school  or  schools  if,  in 
the  judgment  of  the  board,  it  is  to  the  best  interests  of  the  pupils 
and  the  district. 

•i  the  cost  of  maintaining  a  given  school,  in  which  the  attendance 

My    decrease^,    is  found   by    the    school   board   to   be    im- 

the   board   may   make   such  financial   arrangements   for  the   trans- 

;ch    pupils    to    some   other    school    as    they    may    deem    proper 

and    reasonable,    or   if    the    board   should    determine    that   it   would    be    more 

I  to  the  district  to  pay  the  board  of  a  pupil  in  another  district  in 

•  rtation    fees,    where   such   board   did    not   exceed   the    expense 

•  rtation.  the  statute  should  be  construed  to  confer  such  authority. 

C.   Johnson,   Attorney   General. 

Sec.  114.  Appeal  Against  Closing  School]  The  patrons  of  any 
school  may  appeal  to  the  county  superitendent  and  remonstrate 
against  any  discontinuance  of  such  school  which  shall  be  signed  by  at 
least  one-third  of  the  patrons  belonging  to  said  school.  Such  petition 
shall  set  forth  the  reasons  for  the  continuance  of  said  school,  where- 
upon the  county  superintendent  shall  order  a  hearing  thereon,  giving 
out  notice  of  the  time  and  place  of  such  hearing,  to  the  patrons  of 
the  school  and  district  board;  and  if,  after  such  hearing,  he  shall 
deem  it  to  the  best  interests  of  said  school  and  district  he  may  order 
the  continuance  of  said  school,  which  order  shall  be  heeded  by  the 
district  school  board. 

Srr.  iio.  Appeal — <iem'ral]  Any  party  dissatisfied  with  a  de- 
cision of  the  district  school  board  or  board  of  education,  relative  to 
school  matters,  may  appeal  therefrom  to  the  circuit  court  of  the 
county  at  any  time  within  thirty  days  after  the  rendering  of  such  de^ 
cision.  Said  appeal  is  taken  by  serving  a  notice  of  appeal  upon  the 
district  school  board  or  board  of  education,  or  any  member  thereof, 
and  by  filing  such  appeal  and  a  bond  for  costs  with  the  clerk  of  the 
school  district  or  board  of  education.  Said  notice  of  appeal  must 
state  the  decision  appealed  from,  in  a  clear  and  concise  manner.  Said 
bond  for  costs  shall  be  in  the  sum  of  one  hundred  dollars,  with  two 


46  SCHOOL  LAWS 

or  more  sureties  approved  by  the  clerk  of  said  circuit  court,  condi- 
tioned that  appellant  pay  all  costs  therein  that  may  be  adjudged 
against  him.  When  said  notice  of  appeal  and  bond  for  costs  is  filed 
with  the  clerk  of  the  school  district  or  board  of  education  as  above, 
said  school  clerk  shall,  within  five  days  thereafter  transmit  to  the 
clerk  of  the  circuit  court  a  certified  copy  of  his  record  of  the  decision 
appealed  from,  and  all  original  papers  filed  in -his  office  in  said  mat- 
ter including  the  notice  of  appeal  and  bond  for  costs  therein;  and 
said  clerk  may  be  compelled  by  said  circuit  court,  by  an  order  entered 
upon  motion  to  transmit  such  certified  copies  or  original  papers,  and 
may  be  fined  for  neglect  or  refusal  to  transmit  the  same.  For  such 
transcript  and  return  the  said  clerk  shall  receive  the  usual  copying 
fees  and  mileage  one  way,  same  to  be  taxed  as  part  of  the  cost  of 
suit.  And  the  clerk  of  the  court  shall  receive  and  file  said  papers, 
and  docket  the  same,  in  the  same  manner,  and  shall  receive  the  same 
fees  therefor  as  in  appeals  from  justices'  courts  to  circuit  courts; 

Provided,  his  costs  need  not  be  paid  before  hand.  When  any 
matter  is  so  appealed  and  filed  with  the  clerk  of  the  circuit  court, 
it  shall  be  docketed  in  the  name  of  the  dissatisfied  party  as  appellant 
against  the  school  district,  by  its  proper  name,  as  appellee,  and  it 
shall  be  tried  anew  in  the  circuit  court  according  to  the  regular  pro- 
cedure provided  by  law  therein  and  shall  in  all  respects  be  treated 
as  a  regular  case  or  action  in  said  circuit  court,  save,  as  hereinafter 
for  expressly  provided.  No  notice  of  trial  or  note  of  issue  need  be 
served  to  have  such  matter  placed  upon  the  trial  calendar,  and  same 
shall  come  on  for  trial  in  its  regular  order,  except  as  provided  below 
herein;  and  the  same  proceedings  shall  be  had  and  all  judgments  or 
orders  therein  shall  be  valid  and  mandatory,  as  by  law  provided  in 
any  other  regular  case  or  action  or  proceeding  in  said  circuit  court; 

Provided,  that  above  parties  may  agree  upon  the  statement  of 
facts  in  any  actual  case  or  matter  tried  anew  thereon  before  the 
court  in  chambers  or  in  open  court,  after  proper  appeal  and  consent 
of  parties.  In  all  of  the  above  the  circuit  court  shall  render  judg- 
ment therein  and  may  render  final  judgment  or  make  such  order  and 
direction  therein  as  the  circumstances  of  the  case  may  require  and 
as  the  very  right  of  the  case  may  appear  and  enforce  the  same  upon 
execution  or  by  mandamus  or  attachment  as  for  contempt. 

Sec.  116.  Appeal  to  Supreme  Court]  Appeals  relative  to  school 
matters  may  be  taken  from  the  circuit  to  the  supreme  court  of  the 
state,  and  the  same  proceeding  shall  be  had,  and  all  judgments  and 
orders  therein  shall  be  valid  and  mandatory  as  by  law  provided  in 
any  other  case  or  action  or  appeal  or  proceeding  in  said  supreme  court. 

Sec.  117.  Assist  Teacher  J  The  district  school  board  shall  as- 
sist and  cooperate  with  the  teacher  in  the  government  and  discipline 
of  the  schools,  and  may  make  proper  rules  and  regulations  therefor. 
They  may  suspend  or  expel  from  school  any  pupil  insubordinate  or 
habitually  disobedient. 


SOUTH  DAKOTA  47 

Provided,  that  such  suspension  shall  not  be  for  a  shorter  period 
than  ten  days  nor  beyond  the  end  of  the  current  term  of  school. 

Bee.  IIS.  Tax  Levy]  The  district  school  board  shall  have  power 
to  levy  upon  the  property  of  the  district  a  tax  for  school  purposes  of 
not  exceeding  twenty  mills  on  the  dollar  in  a  year,  which  levy  shall 
be  made  by  resolution  of  the  board  at  their  regular  July  meeting  in 
specific  amounts. 

The  clerk  shall  immediately  thereafter  notify  in  writing  the 
county  auditor  of  the  total  amount  of  tax  so  levied. 

s<-c.  118  }£  The  limit  of  the  rate  of  taxation  in  each  school  district 
having  its  boundary  an  incorporated  city  shall  be  the  same  as  is  now 
provided  by  law  for  cities,  towns  and  adjacent  territory  organized  as 
independent  districts.  (Chapter  87,  Session  Laws  1909.) 

119.      Removal  of  School  House]      The  school  board   shall 
have  power  to  direct  the  removal  of  a  school  house  to  a  more  con- 
venient location,  upon  a  vote  of  the  majority  of  the  electors  of  the' 
entire  district; 

A  majority  vote  only  is  necessary  for  the  removal  of  a  school  house 
from  one  to  another  point,  both  points  being  within  the  geographical 

i-  of  the  district.     Opinion  by  Philo  Hall,  Attorney  General. 

ntire  district"  is  meant  all  the  territory  included  in  the  district, 
whether  it  is  a  district  of  a  single  school  or  several  schools.  Opinion  by 
W.  II.  Ii«..:  tant  Attorney  General. 

Provided,  that  in  districts  in  which  there  shall  be  but  one  school 
house  a  two-thirds  majority  vote  shall  be  necessary  to  remove  such 
school  house  from  the  center  of  the  district  to  any  other  point  in  the 
district,  except  such  removal  shall  be  to  the  center  of  the  district,  in 
which  case  a  majority  vote  shall  be  sufficient  for  such  removal. 

Provided,  further,  that  any  point  within  one  hundred  and  sixty 
rods  of  the  geographical  center  of  the  district  shall  be  deemed  the 
center  for  the  purposes  of  this  section. 

SIM.  120.  Annual  Meeting  of  Board]  At  the  annual  meeting 
of  the  school  district  board  in  July  of  each  year,  it  shall  be  the  duty 
of  the  clerk  and  the  treasurer  to  read  their  respective  annual  reports 
and  the  board  shall  verify  them  as  provided  in  section  126  of  this  act. 

The  board  shall  levy  such  tax  as  the  patrons  shall  have  directed 
at  the  annual  election,  but  it  shall  no.t  exceed  for  all  purposes  two 
per  cent  of  the  taxable  property  of  the  district. 

If  any  school  district  fails  to  hold  in  any  school  year  at  least 
six  months  of  school  in  any  school  house  in  said  district  providing  no 
legal  discontinuance  be  had,  it  shall  be  the  duty  of  the  county  super- 
intendent to  notify  the  county  treasurer  of  the  amount  of  money  due 
said  district  from  the  apportionment  fund  for  the  semiannual  term 
ending  June  30  of  the  preceding  year,  which  amount  shall  remain  to 
the  credit  of  such  district  and  no  warrant  be  drawn  therefor  until 
said  district  shall  have  compiled  with  the  law,  unless  said  district 
board  made  provisions  for  the  instruction  of  the  pupils  for  the  re- 


48  SCHOOL  LAWS 

quired  time  in  some  other  school.  In  case  of  failure  in  any  district  to 
levy  tax  sufficient  to  support  a  school  for  the  number  of  months 
above  named,  the  board  of  county  commissioners  shall  levy  a  tax  on 
the  property  of  the  district  that  shall  be  sufficient  for  the  purpose. 

Sec.  121.  Purchase  and  Sale  of  School  Property]  The  district 
school  board  shall  purchase  or  lease  such  site  for  a  school  house  as 
shall  have  been  designated  by  the  voters  at  a  district  meeting  in  the 
corporate  name  thereof,  and  shall  move  any  school  house  in  the  dis- 
trict to  -any  site  designated  by  the  voters  at  any  regular  or  special 
district  meeting,  and  shall  build,  hire  or  purchase  such  school  house 
as  the  voters  of  the  district  in  a  district  meeting  shall  have  agreed 
upon,  out  of  the  funds  provided  for  that  purpose  and  make  sale  of 
any  school  house  or  property  of  the  district,  and  if  necessary,  execute 
a  conveyance  of  the  same  in  the  name  of  the  district,  when  lawfully 
directed  by  the  voters  of  such  district  at  any  regular  or  special  meet- 
ing, and  shall  carry  into  effect  all  lawful  orders  of  the  district. 

A  school  district  board  has  no  authority  to  acquire  a  site  for,  or  cn-d 
a  school  house  until  a  site  has  been  selected  by  the  legal  voters  of  the 
district.  F.  &  F.  Nat.  Bank  v.  School  District  53.  6  Dak.  255. 

The  action  of  a  special  meeting  of  the  electors  of  a  district  may  be 
annulled  by  the  electors  of  the  district  at  a  special  or  regular  meeting  held 
subsequently.  Opinion  by  Clarence  C.  Caldwell,  Attorney  General. 

Requiring  Annual  Inventories  of  Public  Property 

Sec.  121a.  (1)  Every  state,  county,  municipal,  township,  or 
school  officer  including  the  officers  and  employees  of  each  State  In- 
stitution having  in  his  custody  any  public  property  of  any  kind  or 
nature  shall  within  30  days  after  entering  upon  the  duties  of  his  of- 
fice, make  in  duplicate,  an  itemized  inventory  of  all  such  public  pro- 
perty, live  stock,  machinery,  vehicles,  tools,  appartus,  books,  furni- 
ture and  other  office  supplies;  also  such  items  as  are  intended  for 
consumption,  such  as  clothing,  fuel,  provisions,  farm  products,  medi- 
cines, chemicals  and  the  like,  which  inventory  shall  show  the  cost 
price  of  each  item  therein,  and  when  the  cost  cannot  be  ascertained 
the  estimated  value  thereof,  and  one  copy  of  such  inventory  he  shall 
file  in  the  permanent  files  of  his  office  and  the  other  he  shall  file  as 
herein  provided  on  or  before  the  expiration  of  said  30  days.  All-state 
officers  and  employees  of  departments  shall  file  the  duplicate  inven- 
tory with  th  State  Auditor;  all  officers  in  state  charitable  and  penal 
institutions  with  the  Secretary  of  the  Board  of  Charities  and  Correc- 
tions; all  officers  in  State  Educational  Institutions  with  the  Secretary 
of  the  Regents  of  Education;  all  county  officers  with  the  County  Audi- 
tor, all  municipal  officers  with  the  city  auditor  or  town  clerk  of  their 
respective  municipalities;  al  township  officers  with  the  clerks  of  their 
respective  towns  and  al  school  officers  with  the  County  Superintendent 
of  Schools  of  their  respective  counties. 

(2)      Whenever  any  article  in  the  custody  of  any  said  officer  or 
employee  is  lost  or  destroyed,  he  shall  make  a  note  of  the  same  in  the 


SOUTH  DAKOTA  49 

invntory  for  that  current  year,  giving  the  date  and  circumstances  of 
the  loss. 

(3)  .The  State  Capitol  Commission  shall  constitute  a  board  of 
survey,  and  when  any  article  or  property  in  the  custody  of  any  state 
officer  shall  become  unfit  for  use  by  reason  of  age,  wear,     tear     or 
otherwise,  and  is  beyond  repair,  it  shall  be  the  duty  of  the  board  of 
survey  to  "inspect,  condemn,  appraise  and  have  sold  such  property  at 
public  or  private  sale  as,  in  the  judgment  of  the  Board  will  be  most 
exp?rient,  or  they  shall  have  power  to  apply  such  articles  or  property 
in  exchange  for  other  property  or  furniture  required  for  use     of  the 
state.     All  money  derived  from  the  sale  of  such  property  shall  be  paid 
to   the   State  Treasurer.     A  note  shall  be  made  in  the  inventory  for 
that  year  of  the  condemnation  and  sale  of  such  article. 

(4)  The   governing  boards   of   the  various     state      institutions, 
shall  constitute   a   board   of  survey  for  their   respective      institutions, 
and  shall  proceed  in  the  matter  of  condemnation,  appraisal,  and  sale 
of  any  property  of  the  state,  unfit  for  use,  by  the  same  rule  prescribed 
for  the  state  board  of  survey  in  Section  3  of  this  Act. 

(5)  The   County   Board   of   Commissioners  shall      constitute      a 
board  of  survey  for  their  respective  counties,  and  shall  proceed  in  the 
matter  of  the  condemnation,  appraisal  and  sale  of  any  property  of  the 
county  unfit  for  use,  by  the  same  rule  prescribed  for  the  state  board 
of  survey  in  Section  3  of  this  Act. 

(6)  When  any  property  or  article  is  purchased  by  the  State  or 
County,  City,  Town,  Township  or  School  District  to  be  utilized  in  pur- 
suance of  the  duties  of  the  office  for  which  supplied,  a  note  shall  at 
once  be  made  of  its  purchase  and  receipt  in  the  inventory  book  for 
that  year. 

(7)  Every   officer  enumerated   in    Section    1,    of   this   Act   shall 
turn  all  the  public  property  in  his  possession  over  to  his  successor  in  of- 

and  shall  take  the  receipt  of  his  successor  therefor,  and  shall  file 
such  receipt  in  the  office  where  he  is  by  such  Section  1,  required  to 
file  the  said  inventory  of  the  property  in  his  possession.  Every  offi- 
cer enumerated  in  Section  1,  of  this  Act  shall,  upon  assuming  office, 
give  a  receipt  to  his  predecessor  for  all  public  property  turned  over 
to  him. 

(8)  Any  officer  who  fails  to  comply  with  the  provisions  of  this 
shall  be  deemed  guilty  of  a  misdemeanor  and,     upon  conviction, 

shall  be  punished  accordingly. 

(9)  In  the  event  of  the  disposition  of  any  of  the  property  above 
mentioned  by  the  respective  officers  without  complying  with  the  re- 
quirements of  Sections  3,  4,  5  and  6  of  this  Act,  such  officer  shall,  in 
addition  to  the  penalty  prescribed  in  Section  8  hereof,  be  liable  to 
civil  damages  for  the  value  as  shown  by  the  last  preceding  inventory 
to  be  recovered  in  civil  suit.  (Chapter  293,  Session  Laws  1913.) 

S<  <  .     lillb.       School     Cori>oratioiis     May     Purchase     Agricultural 


50  SCHOOL  LAWS 

Lands  For  Use  in  Connection  With  the     Teaching     of     Agriculture  | 

Whenever  any  city  of  the  first  class,  any  independent  school  district, 
.or  any  school  district  shall  have  made  provision  for  the  giving  of  sys- 
tematic instruction  in  agriculture  in  the  schools  of  such  'city,  inde- 
pendent school  district,  or  school  district,  such  city,  independent 
school  district  or  school  district  may  purchase  and  hold  agricultural 
lands,  to  be  used  in  connection  with  the  giving  of  agricultural  instruc- 
tion in  the  schools  of  such  school  corporation.  And  the  board  of  edu- 
cation of  any  such  school  corporation  may  expend  moneys  from  the 
general  fund  of  the  corporation  for  the  purchase  of  such  lands. 

Provided,  that  no  such  school  corporation  shall  purchase  for  such 
purposes  more  than  ten  acres  of  agricultural  land,  and  that  no  board 
of  education  shall  expend  for  the  purchase  of  such  lands  any  svm  in 
excess  of  Three  Dolars  ($3.00)  for  each  person  of  school  age  enumer- 
ated on  the  school  census  of  such  corporation  for  the  year  nex:  pre- 
ceding that  in  which  the  expenditure  is  made. 

Provided  further  that  in  no  case  shall  any  school  corporation  be 
authorized  to  purchase  land  to  value  in  excess  of  twenty-five  hundred 
($2,500.00)  dollars. 

(Chapter  190,  Session  Laws  1913.) 

Sec.  122.  Acquiring  School  Site]  It  shall  be  lawful  for  -my 
board  or  district  officers  to  take  and  hold  any  land  not  exceeding  two 
acres,  situated  upon  a  section  line  or  upon  a  regularly  laid  out  high- 
way, legally  chosen  as  a  school  house  site  by  a  lawful  district  meet- 
ing. If  the  owner  of  such  land  refuses  or  neglects  to  grant  such  site 
to  the  district  or  cannot  be  found,  the  superintendent  of  that  county 
shall  upon  application  proceed  according  to  law  to  condemn  and  ac- 
quire title  to  the  same  in  the  name  of  said  district. 

Provided,  that  whenever  a  school  house  site  shall  have  been 
selected  by  the  properly  constituted  authority  of  school  districts  on 
common  school  or  endowment  lands  of  this  state,  not  exceeding  two 
acres  in  a  square  form  and  located  on  a  section  line  or  on  a  regularly 
established  highway  and  at  one  corner  of  a  legal  subdivision  and  not 
within  forty  rods  of  any  residence,  without  the  consent  of  the  owner 
thereof,  and  a  plat  of  the  lands  so  selected  shall  have  been  filed  in 
the  office  of  the  commissioner  of  school  and  public  lands,  the  board 
of  school  and  public  lands  is  hereby  authorized  to  direct  an  appraise- 
ment of  such  site  by  the  state  board  of  appraisers,  and  the  same  shall 
be  appraised  in  the  manner  provided  by  law  for  the  appraisement  of 
school  and  public  lands.  Such  appraisement  shall  not  be  less  than 
the  minimum  pHce  fixed  by  the  constitution  for  school  and  public  lands. 

Sec.  122a.  Whenever  any  city  of  the  first  class,  any  independent 
school  district,  or  any  school  district  shall  have  made  provision  for 
the  giving^  of  systematic  instruction  in  agriculture  in  the  schools  of 
such  city,  independent  school  district,  or  school  district,  such  city, 


SOUTH  DAKOTA  51 

independent  school  district  or  school  district  may  purchase  and  hold 
agricultural  lands,  to  be  used  in  connection  with  the  giving  of  agri- 
cultural instruction  in  the  schools  of  such  school  corporation.  When- 
ever the  land  so  selected  is  common  scibool  or  endowment  lands,  it 
shall  be  lawful  for  the  governor  and  commissioner  of  school  and  pub- 
lic lands  to  convey  title  thereto  in  the  manner  now  provided  by  law 
for  conveying  title  to  school  house  sites.  And  the  board  of  education 
of  any  such  school  corporation  may  expend  moneys  from  the  general 
fund  of  the  corporation  for  the  purchase  of  such  lands.  Provided, 
that  no  such  school  corporation  shall  purchase  for  such  purposes 
more  than  ten  acres  of  agricultural  land,  and  that  no  board  of  educa- 
tion shall  expend  for  the  purchase  of  such  lands  any  sum  in  excess  of 
Three  Dollars  ($3.00)  for  each  person  of  school  age  enumerated  on 
the  school  census  of  such  corporation  for  the  year  next  preceding  that 
in  whioh  the  expenditure  is  made.  Provided,  further,  that  in  no  case 
shall  any  school  corporation  be  authorized  to  purchase  land  to  value 
in  excess  of  Twenty-five  Hundred  ($2,500.00)  Dollars.  (Chapter  165, 
Session  Laws  1915.) 

.  123.-  Upon  the  payment  of  the  full  amount  of  the  appraised 
price  of  such  site  a  conveyance  shall  be  executed  by  the  governor,  at- 
tested by  the  commissioner  of  school  and  public  lands,  with  his  seal 
of  office  affixed;  conditioned  that  should  the  same  cease  to  be  used  for 
two  successive  years,  for  the  purpose  of  maintaining  a  public  school 
thereon,  that  the  title  shall  revert  to  the  owner  of  the  legal  subdivi- 
sion of  which  said  site  forms  a  part. 

S<M.    124.      Assessor    Shall    Furnish    List   of    Property    to    Clerk] 

Every  township  or  county  assessor  shall  on  or  before  the  first  day  of 
July  in  each  year  furnish  to  the  clerk  of  each  school  corporation,  the 
real  property  of  which  he  assesses,  a  certificate  of  the  valuation  of  all 
real  property  and  of  all  personal  property  and  of  the  total  of  these 
subject  to  taxation  within  the  corporation  for  the  current  year. 

12r>.      Commissioners    Levy    Tax    for    General    Fund]      The 

r-ounty  commissioners  of  each  eounty  shall  levy  a  tax  of  one  dollar 
on  each  elector  in  the  county  for  the  suport  of  the  common  schools, 
and  no  property  shall  be  exempt  from  the  collection  of  such  tax  by 
distress  or  otherwise,  which  taxes,  when  so  collected  shall  be  distribut- 
ed to  the  several  school  corporations  in  the  county  in  proportion  to 
the  number  of  children  resident  in  the  territory  of  each  over  six  and 
under  twenty-one  years  of  age. 

12fi.  Treasurer's  Settlement  With  Board]  At  the  annual 
meeting  of  the  school  board  on  the  second  Tuesday  of  July  in  each 
year,  the  incoming  district  board  shall  make  settlement  with  the  dis- 
trict treasurer,  who  shall  at  that  meeting  make  his  annual  report  in 
triplicate,  one  copy  to  be  preserved  in  the  treasurer's  office;  and  upon 


52  SCHOOL  LAWS 

approval  of  the  same  by  the  district  board,  one  approved  copy  to  be 
filed  with  the  district  clerk;  and  one  approved  copy  to  be  transmitted 
by  said  clerk  to  the  county  superintendent  on  or  before  the  first  diy  o»! 
August  of  each  year.  On  making  said  settlement  it  shall  be  the  duty 
of  the  district  board  to  compare  the  certified  bills  allowed  by  the 
board  with  the  orders  issued,  also  to  compare  the  orders  pnid  by  the 
district  treasurer  the  preceding  year  with  the  clerk's  record  of  orders 
issued;  and  also  compare  the  record  of  the  money  received  and  orders 
paid  by  the  said  treasurer  with  his  annual  report,  and  if  found  cor- 
rect the  report  shall  be  approved,  the  orders  cancelled  and  filed  *,vith 
the  district  clerk.  The  board  shall  cause  to  be  posted  in  three  public 
places,  or  published  in  a  newspaper  of  general  circulation  ii.  the  coun- 
ty, an  itemized  statement  for  the  receipts  and  expenditures  for  the 
preceding  school  year. 

(Section  189a  requires  the  board  to  publish  annually  a  statement 
of  expenditures  and  receipts.) 

Sec.  127.  False  Report — Penalty]  Any  clerk  or  treasurer  of  a 
school  district « who  shall  wilfully  sign  or  transmit  a  false  report  to 
the  county  superintendent,  or  wilfully  sign,  issue  or  publish  a  i:  Use 
statement  of  facts  purporting  or  appearing  to  be  based  upon  books, 
accounts  or  records,  or  of  the  affairs,  resources  and  credit  of  the 
school  district,  shall  upon  conviction  be  punished  by  a  fine  of  not  ex- 
ceeding fifty  dollars  or  by  imprisonment  in  the  county  jail  not  ex- 
ceeding fifteen  days.  Any  clerk  or  treasurer  of  a  school  district  who 
shall  wilfully  -mutilate  or  destroy  any  of  the  books,  accounts  or  rec- 
ords of  his  office,  or  who  shall  refuse  to  deliver  to  his  successor  in 
office  all  the  books,  accounts,  records  of  his  office  upon  demand  of  his 
successor  for  the  same,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
it  shall  be  the  duty  of  said  successor  to  begin  action  immediately 
upon  the  official  bond  of  such  officer  for  recovery  of  such  money  or 
other  property. 

Sec.  128.  Failure  to  Report]  Any  school  district  officer  who  is  re- 
quired by  law  to  make  a  report  to  any  other  county  or  school  district 
officer,  and  who  shall  wilfully  neglect  to  make  such  report  or  fail  to 
perform  such  official  duties,  Shall  forfeit  and  pay  to  the  school  funds 
of  said  county  or  district  a  penalty  of  not  less  than  ten  dollars  or 
more  than  fifty  dollars,  to  be  recovered  from  such  delinquent  officer, 
or  from  him  and  his  sureties  in  the  official  bond,  in  a  civil  action  to 
be  brought  by  the  state's  attorney  in  any  court  of  record  having  juris- 
diction. 

Sec.  129.  Notice  of  Tax  Levy  to  County  Auditor]  It  shall  be  the 
duty  of  the  district  clerk  on  or  before  the  20th  day  of  July  in  each 
year,  to  notify  the  county  auditor  of  the  amount  of  tax  voted  at  the 
last  annual  meeting  or  levied  by  the  district  school  board,  and  of  any 


SOUTH  DAKOTA  53 

and  all  other  tax  of  which  notice  has  not  previously  been  given.     The 
notice  shall  be  substantially  in  the  following  form: 

District   Clerk's    Office, 

School  District  No 

County,  South  Dakota, 

19 

To  the  County  Auditor  of County,   S.   D. 

Sir:     You  are  hereby  notified  that  at  a meeting  of 

District  No held   on  the day  of 

the  following  tax  was  voted  for  the  coming  school 

year : 

For   tuition    fund    dollars 

For    general    fund    dollars 

For  interest  and  sinking  fund dollars 


Total dollars 

(Signed) 

District  Clerk. 

The  rate  per  centum  of  all  school  taxes  shall  be  calculated  and 
fixed  by  the  county  auditor,  who  shall  consolidate  the  amounts  and 
extend  the  school  tax  in  one  column. 

S<>c.  130.  Accounts — How  Kept]  All  moneys  apportioned  by 
the  county  superintendent  to  the  district  or  received  from  the  district 
tax  for  tuition  purposes  shall  constitute  the  tuition  fund.  All  moneys 
received  from  other  sources  shall  constitute  the  general  fund.  The 
treasurer  shall  keep  one  general  account  wherein  he  shall  set  down 
on  the  debit  side  all  the  money  he  shall  receive  as  treasurer  from  all 
sources  whatever,  each  item  of  entry  showing  plainly  the  source  of  the 
particular  payment  to  him  with  the  date  theerof;  and  he  shall  set 
down  upon  the  credit  side  all  the  money  he  shall  pay  out  for  all  pur- 
poses whatever,  every  item  thereof  showing  to  whom  and  for  what 
purpose  each,  payment  was  made,  with  the  date  thereof.  The  debit 
side  shall  always  be  balanced  by  the  total  of  the  credit  side,  with  th? 
funds  on  hand  added  thereto.  At  the  beginning  of  every  school  year 
he  shall  open  such  account  anew  for  that  year,  and  the  first  item  shall 
be  an  entry  on  the  debt  side  of  the  balance  on  hand,  if  any,  for  the 
ding  year.  He  shall  also  keep  a  separate  set  of  accounts  of  di;'- 
ferent  classes  of  receipts  and  expenditures,  showing  severally  the  fol- 
lowing: 

Receipts 

Amount  received  into  the  tuition  fund  from  all  sources 

Amount  received  into  the  general  fund  from  all  sources. 

Amount  received  into  the  interest  and  sinking  fund  from  all  sources 

Expenditures 

Amount  paid  tuition    

Amount  paid  for  school  houses,  sites  and  furniture   . 


54  SCHOOL  LAWS 

Amount  paid  for  incidental  expenses    .......................... 

Amount  paid  as  interest  on  bonds    ............................. 

Amount  paid  upon  debts  and  liabilities  not  included  in  other  items.  .  . 
The  several  accounts  shall  be  separately  kept  and  not  required 
to  balance.  The  accounts  for  different  classes  of  receipts  shall  be 
kept  separately  from  the  accounts  of  the  different  classes  of  expend- 
itures; but  every  entry  in  each  shall  fully  and  clearly  designate  its 
source  of  purpose  with  the  dates. 

The  electors  of  a  district  do  not  have  the  power  to  instruct  the  board 
to  transfer  money  from  one  fund  to  another.  Opinion  by  Royal  C.  John- 
son, Attorney  General. 

This  section  provides  for  the  keeping  of  a  regular  system  of  ac- 
counts by  the  clerk.  All  warrants  drawn  should  be  on  a  duly  certified  bill. 
A  warrant  for  teacher's  salary  shoudl  be  paid  on  a  duly  certified  darn 
the  same  as  all  other  claims.  Opinion  by  W.  II.  Roddle,  Assistant  Attorney 
General. 

Sec.  131.  Reports  Subject  to  Approval  of  County  Superin- 
tendent] All  reports  and  records  of  district  officers  and  proceedings 
of  district  meetings  shall  be  subject  to  the  approval  of  the  county 
superintendent,  and  if  any  money  belonging  to  any  district  shall  be 
expended  for  supporting  a  school  in  which  the  English  language  shall 
not  be  taught  exclusively,  or  if  any  such  money  be  otherwise  unlaw- 
fully expended,  the  county  superintendent  or  any  taxpayer  of  the  dis- 
trict may  in  a  civil  action  in  the  name  of  the  district  recover  said 
money  from  the  officer  so  expending  it.  (Chapter  143  Session  Lawa 
1911.) 

Sec.  132.  Books  and  Reports  Open  to  Inspection]  All  reports 
and  all  books,  records,  vouchers,  contracts  and  papers  of  all  kinds 
relating  to  the  school  houses,  schools  and  school  business  in  the  dis- 
trict, in  the  office  of  the  clerk  or  treasurer,  shall  be  at  all  times  open 
to  the  inspection  of  the  chairman  who  shall  advise  and  aid  toward 
securing  correct  records  and  accounts,  and  legal  reports,  and  they 
shall  likewise  be  open  to  the  inspection  of  the  state  and  county  sup- 
erintendents, and  any  particular  paper  or  record  shall  be  exhibited  at 
reasonable  hours  to  the  examination  of  any  voter  or  taxpayer. 

Sec.  133.  Majority  of  Board  Have  Authority]  Words  giving  a 
joint  authority  to  three  or  more  public  officers  or  other  persons  are 
construed  as  giving  such  authority  to  a  majority  of  them  unless  it  be 
otherwise  expressed  in  the  section  or  law  giving  the  authority,  and 
when  a  decision  or  direction  is  made  by  the  majority  of  such  officers 
or  persons,  it  is  the  duty  of  the  one  to  whom  its  execution  belongs  by 
law,  to  execute  the  same  in  all  respects  as  if  he  had  favored  the  par- 
ticular decision  or  direction,  as  if  it  were  authorized  unanimously. 

A  majority  of  a  school  board  may  act  and  it  is  the  duty  of  the  officer 
charged  by  law  with  executing  such  directions  to  execute  the  same  as  if 
the  board  had  acted  unanimously  on  the  hearing.  Opinion  by  Attorney 
Royal  C.  Johnson. 


Sec.  134.      Cultivation  and  Protection  of  Trees  and  Shrubs  Upon 
the  School  House  Grounds]      It  is  hereby  made  the  duty  of  the  officers 


SOUTH  DAKOTA  .  55 

of  every  school  district  in  the  state  of  South  Dakota  to  plant  trees  and 
shrubs  upon  the  grounds  of  each  school  house  in  their  district  and  to 
encourage  the  school  children  to  plant  such  trees  and  shrubs  and  to 
cultivate  and  protect  the  same. 

Where  stock  is  permitted  to  run  at  large,  it  is  hereby  made  the 
duty  of  the  school  officers  in  every  district  in  South  Dakota  to  cause 
to  be  erected  about  the  grounds  of  every  school  house  in  each  district 
a  substantial  fence  sufficient  to  protect  the  trees  upon  the  school  house 
grounds  from  destruction  by  live  stock,  and  such  fence  shall  be  pro- 
vided with  convenient  gates  or  stiles. 

To  Provide  For  Placing  United  States  Flags  on  Public  School  Houses. 

See.  l;Ua.  (1)  That  the  Boards  of  Education  of  cities  of  the 
first  class,  Boards  of  Education  of  Independent  School  Districts  and 
the  District  School  Board  of  other  school  districts  in  the  State  of 
South  Dakota  shall  have  power  to  cause  to  be  erected  and  kept  in  re- 
pair upon  all  public  school  houses  or  upon  the  school  grounds  sur- 
rounding such  public  school  buildings  which  may  be  in  their  respec- 
tive district,  a  'good  and  sufficient  flag-staff  or  pole,  together  with  all 
necessary  adjustments,  and  that  they  shall  provide  a  United  States 
flag  of  not  less  than  three  by  five  feet,  which  shall  be  floated  from 
such  flag-staff  or  pole  during  the  school  hours  of  such  days  as  the 
board  of  such  district  may  determine;  Provided,  that  the  flag  shall 
not  be  hoisted  during  any  day  when  a  violent  storm  or  inclement 
weather  would  destroy  or  materially  injure  such  flag. 

(2)  The  flag  used,  as  provided  for  in  this  act,  shall  be  paid  for 
out  of  the  funds  appropriated  for  the  running  expenses  of  said  pub- 
lic schools,  the  same  as  other  necessary  supplies  are  paid  for,  and  the 
flags  for  use  over  public  school  buildings  are  hereby  declared  to  be 
necessary  supplies,  and  may  be  paid  for  out  of  the  funds  of  the  respec- 
tive school  districts.  (Chapter  189,  Session  Laws  1913.) 


ARTICLE  VI 

Teachers  and  Schools 

See.  1;jr>.  School  Year,  Month  and  Day  Defined]  The  school 
year  shall  begin  July  first  and  end  June  thirtieth.  A  school  month 
shall  consist  of  twenty  days,  a  school  week  of  five  days,  a  school  day 
of  five  and  one-half  hours  exclusive  of  intermission. 

Provided,  that  the  time  specified  as  a  school  day  shall  not  apply 
to  primary  schools.  Saturday  shall  not  be  counted  as  school  days. 

Sec.  136.  Employment  of  Teachers]  Teachers  shall  be  employ- 
ed only  upon  the  exhibition  of  the  teacher's  certificate  valid  in  the 
county  where  employed,  and  then  only  upon  a  written  contract  signed 
by  the  teacher  and  at  least  two  members  of  the  district  school  board, 
which  shall  specify  the  date  at  or  about  which  the  school  shall  begin, 


56  SCHOOL  LAWS 

the  length  of  time  it  shall  continue,  the  wages  per  month  and  the  time 
of  payment  thereof,  and  said  contract  shall  be  signed  in  duplicate, 
and  one  copy  filed  in  the  office  of  the  clerk  and  the  other  retained  by 
the  teacher.  The  following  conditions  shall  be  understood  as  form- 
ing a  part  of  every  contract,  whether  expressed  therein  or  not: 

Employment  of  a  teacher  who  does  not  hold  a  lawful  certificate  is 
forbidden  and  an  attempted  contract  with  such  .unqualified  teacher  is 
void.  Hardy  v.  Purlngton,  6  S.  D.  382. 

In  the  absence  of  any  stipulation  in  the  contract  to  the  contrary,  no 
deduction  can  be  made  from  the  teacher's  salary  because  of  the  destruc- 
tion of  a  school  building1,  but  if  she  secures  employment  elsewhere  duriner 
the  life  of  the  contract  only  the  difference  in  salary  earned  can  be  collected. 
Opinion  by  Philo  Hall,  Attorney  General. 

(1)  The  teacher  shall  not  hold  school  upon  any  of  the  follow- 
ing  legal    holidays:      The   thirtieth    day   of    May,    the    fourth    day    of 
July,  the  day  appointed  by  the  president  of  the  United  States  for  na- 
tional thanksgiving,  and  the  twenty-fifth  day  of  December.     But  such 
days  shall  count  as  part  of  the  term  and  the  teacher  shall  be  paid 
therefor,  but  such  pay  shall  not  be  drawn  for  any  Sunday. 

(2)  School  shall  be  adjourned  during  the  session  of  the  county 
Normal  Institute,  when  the  teachers  have  been  notified  by  the  county 
superintendent. 

(3)  Teachers  shall  receive  into  their  schools  pupils  transferred 
thereto  by  the  order  of  the  district  board,  or  admitted  by  its  authority. 

(4)  Teachers  shall  send  the  notices,  keep  proper  entries  in  the 
register  which  shall  show  the  grade  in  which  each  pupil  belongs,  the 
pupil's  standing  as  shown  by  the  examination,  and  such  other  infor- 
mation as  will  assist  the  succeeding  teacher  in  the  conduct  and  man- 
agement of  the  school,   and  make  the  report  required   by  law;    and 
the  county  superintendent  shall  promptly  furnish  without  cost  to  the 
teacher  the  blank  forms  for  such  reports;  and  the  district  board  shall 
furnish  for  use  the  proper  register  prepared  so  that  the  required  facts 
and  statistics  can  be  kept  in  an  orderly  manner. 

(5)  Teachers  shall  classify  the  work  of  their  schools  in  accord- 
ance with  the  suggestions,  grades  and  outlines  as  prescribed  in  the 
course  of  study  recommended  by  a  majority  of  the  county  superin- 
tendents  of  the   state  and  the   superintendent  of   public   instruction, 
and  shall  hold  examinations,  and  make  reports  as  prescribed  therein. 

(6)  The  county  superintendent,  shall  divide  his  county  into  dis- 
tricts as  may  be  convenient  for     the     purpose     of     holding     district 
teachers'  institutes  during  the  school  year  on  Saturdays  and  all  teach- 
ers employed  in  the  schools  of  each  institute  district  shall  be  required 
to  attend  the  meetings  in  such  district  but  not  less  than  two  .nor  more 
than   four  such   meetings  shall   be  held   in   each   district   during   any 
school  year,  nor  shall  such  meetings  be  held  oftener  than  once  in  two 
months.      The  county  superintendent  shall   organize   the  teachers   of 
each  institute  district  at  or  near  the  beginning  of  the  school  year  by 
appointing  a  manager  and   a   secretary  from   among  the  teachers  of 
the  district,  who  shall,  in  conjunction  with  the  county  superintendent, 
prepare  the   programs   for   the  several   meetings   to   be   held,   and   it 


SOUTH  DAKOTA  57 

shall  be  the  county  superintendent's  duty  to  give  all  the  teachers  of 
the  district  at  least  two  weeks'  notice  of  such  meeting.  Each  meet- 
ing shall  consist  of  one  session  of  approximately  three  hours.  The 
program  shall  be  so  arranged  that  all  teachers  of  the  district  shall  be 
given  an  active  part  as  often  as  practicable.  The  work  as  outlined 
by  the  state  teachers'  reading  circle  board  shall  constitute  one-third 
of  the  work,  and  the  balance  of  the  program  shall  also  be  for  the 
general  improvement  of  the  teachers. 

The  manager  and  the  county  superintendent  shall  keep  complete 
records  of  the  work  at  such  meeting  which  shall  show  the  absence, 
tardiness  and  attendance  of  all  teachers  and  the  manner  in  which 
each  one  performed  the  duty  or  duties  assigned.  Within  five  days 
after  the  holding  of  such  district  institute  the  county  superintendent 
shall  forward  the  clerk  of  the  school  board  or  the  secretary  of  the 
board  of  education  in  the  institute  district  a  certificate  of  attendance, 
duly  signed  and  sealed,  which  shall  entitle  the  holder  thereof  to  the 
sum  of  $2.00  and  five  cents  mileage  each  way  for  every  mile  neces- 
sarily traveled  from  the  residence  of  the  teacher  in  the  district  to  the 
place  of  holding  of  the  institute,  but  such  attendance  shall  be  in 
the  institute  district  in  which  the  school  is  located. 

Provided,  that  if  a  teacher  fails  to  attend  the  district  institute, 
after  due  notice,  or  fails  to  perform  the  duty  or  duties  assigned,  the 
county  superintendent  shall  certify  that  fact  to  the  clerk  of  the  school 
board  or  to  the  secretary  of  the  board  of  education  of  the  school 
district  in  which  such  teacher  may  be  employed,  who  shall  then  cause 
to  be  deducted  the  sum  of  $1.50  from  the  salary  of  such  teacher,  un- 
less such  absence  shall  be  caused  by  illness  or  other  reason  as  shall 
be  approved  by  the  county  superintendent. 

Provided  further,  that  whenever  a  teacher  of  a  school  or  the 
majority  of  the  teachers  of  a  graded  school  desire  to  attend  a  state 
or  district  state  association  the  school  board  or  the  board  of  educa- 
tion is  hereby  authorized  to  close  such  school  or  schools  for  not  more 
than  five  days  to  enable  such  teacher  or  teachers  to  do  so;  provided, 
that  the  teacher  or  teachers  must  make  up  any  time  so  lost  from  their 
engagement,  unless  the  school  board  or  board  of  education  pass  a 
resolution  to  other  effect. 

can   be   incorporated   in    teachers'    contracts   that  are   re- 

mt  to  the  pow«-rs  and  authority  vested'  in  the  school  board   by  statute 

or  which  would  enable  it  to  arbitrarily  terminate  a  contract,  but  that  any 

•vision    may    be   incorporated   in  the   contract   if   agreed   to   by 

not    inconsistent   with    the    provisions    of   such    con- 

i   by  statute  or  foreign  to  the  usual  and  customary  duties  of 

although   such    provisions   may   be   in  addition   to   those   required 

iatute.     Opinion  by  Philo  Hall,  Attorney  General. 

It  has  been   held   that  the  school  board  acting   in  good  faith   with   the 

district,  can  make  a  contract  for  the   services  of  a  teacher  where  the  term 

ring    tlie    life   of   the   board    hiring   such    teacher,    but   where 

•    rm    laps   ovt-r    into    the    official    year   of   their   successor,    but    cannot 

••ntraet   for  the  teaching  of  a  term   which   begins  during  the   term 

of  their  successor.     Opinion  by  J.  L.  Pyle,  Attorney  General. 

In  case  a  school  is  closed  on  account  of  sickness  among  the  pupils, 
at  the  very  beginning  or  during  the  term  the  board  is  liable  for  the 
teacher's  salary.  Opinion  by  S.  YV.  Clark.  Attorney  <I«-n.-ral. 

In    order   to   enable   a   school    board    to    make   a    valid    contract    with    a 


58  SCHOOL  LAWS 

teacher,  a  teacher  must  be  the  holder  of  a  valid  certificate  at  the  time  of 
signing  the  contract  and  in  order  to  continue  such  contract  in  force,  said 
teacher  must  continue  to  be  the  holder  of  a  valid  certificate  during  the 
life  of  such  contract.  Opinion  by  TV.  H.  Roddle,  Assistant  Attorney  Gen- 
eral. 

The  school  board  can  incorporate  in  a  contract  with  a  teacher  the 
provisions  that  the  contract  will  terminate  if  the  number  of  pupils  should 
reach  a  certain  minimum.  Opinion  by  Royal  C.  Johnson,  Attorney  General. 

If  a  teacher's  contract  is  legally  terminated  before  its  expiration  the 
teacher  is  entitled  to  full  pay  for  the  time  she  has  served  even  to  fraction 
of  months.  Opinion  by  Royal  C.  Johnson. 

Teachers  may  draw  pay  for  the  months  and  parts  of  month  for  which 
they  render  services.  Opinion  by  Attorney  General  Royal  C.  Johnson. 

The  term  "two  months"  here  means  t\vo  school  months  consisting  of 
four  weeks  of  five  days  each. 

The  county  superintendent  can  excuse  a  teacher  from  taking  part  in 
a  program,  without  subjecting  the  teacher  to  loss  of  pay  or  mileage.  Opin- 
ions by  Royal  C.  Johnson,  Attorney  General. 

The  county  superintendent  may  require  the  teachers  of  cities  of  more 
than  lOO'O  to  attend  the  district  institute.  Opinion  by  Royal  C.  Johnson, 
Attorney  General. 

If  the  county  is  divided  into  districts  teachers  can  collect  per  diem  and 
mileage  only   for  attendance   upon   meetings    held    in   their   own   district  and 
not  for  any  joint  district  meetings.     Opinion  by  Royal  C.  Johnson.  Att« 
General. 

County  superintendents  may  excuse  teachers  from  assigned  parts  on 
district  institute  programs,  and  such  teacheis.  if  in  full  attendance  on 
the  institute,  will  not  forfeit  their  per  diem  and  mileage,  opinion  by  At- 
torney General  Royal  C.  Johnson. 

Per  diem  and  mileage  of  teachers  for  attendance  at  district  institutes 
outside  the  district  in  which  they  are  teaching,  is  not  a  proper  charge 
against  the  district  in  which  they  are  teaching.  Opinion  by  Attorney  Gen- 
eral, Royal  C.  Johnson. 

(7)  In  all  territory  that  has  been  opened  to  settlement  by  proc- 
lamation of  the  president  of  the  United  States  and  organized  under  the 
state  laws  of  South  Dakota,  the  child  or  children  of  Indian  parentage 
shall  be  classified,  enumerated  and  recognized  the  same  as  all  other 
children  of  the  state  of  South  Dakota,  and  their  attendance  and  super- 
vision shall  be  subject  in  every  particular  to  all  the  requirements  and 
laws  of  the  state,  governing  our  public  schools,  and  in  addition  there 
to,  all  teachers  in  public  schools,  where  Indian  pupils  are  enrolled 
shall  report  monthly  to  the  superintendent  of. each  agency,  having 
charge  of  such  Indians,  showing  the  attendance  of  such  pupils;  blanks 
to  be  furnished  for  such  reports  by  the  said  Indian  superintendents. 

Action  against  any  school  officer  for  non-performance  of  duty  in 
accordance  with  this  article  may  be  instituted  by  any  respectable  citi- 
zens of  the  county  where  said  officer  resides.  (Chapter  195,  Session 
Laws  1913.) 

Sec.     137.      Teachers     to    Give   Notice    011    Beginning     School] 

Every  teacher  on  commencing  a  term  of  school  shall  give  written  no- 
tice to  the  county  superintendent  of  the  time  and  place,  of  beginning 
of  such  school,  and  the  probable  time  when  it  will  end. 

A  school  district  is  liable  for  tuition  to  the  extent  of  $2.00'  per  month, 
and  it  is  not  liable  for  any  sums  charged  such  pupils  as  incidentals.  Opin- 
ion by  Attorney  General,  Royal  C.  Johnson. 

Sec.  138.  Branches  to  he  Taught]  Instruction  shall  be  given 
in  the  common  schools  of  the  state  in  the  following  branches  in  the 


SOUTH  DAKOTA 


OF  THE 

NIVERSIT 

OF 


several  grades  in  which  each  may  be  required,  viz:  Reading,  writing, 
orthography,  arithmetic,  geography,  primary  language  and  English 
grammar,  history  of  the  United  States,  history  of  South  Dakota,  physi- 
ology and  hygiene,  with  special  instruction  as  to  the  nature  of  alco- 
holic drinks  and  narcotics  and  their  effects  upon  the  human  system, 
civil  government,  drawing  and  music.  (Session  Laws  1909.) 

not    authorize    the    school    board    to    operate    a    high 

•1.  hut  if  a  district  wishes  to  so  organize  they  must  comply  with  the 
law  independent  district,  a  township  high  school  or  a 

iistrict.      opinion    by    Royal   C.    Johnson,    Attorney    General. 
A    parent    cannot    refuse    to    have    his    child    instructed    in    the    branches 
of  sti  i   ami    hi<  o  :ly  recourse  would  )>•:•  to  withdraw  his  child  from 

>  which  would  render  him  liable  to  the  provisions  of  Section  14S. 
opinion  by  Royal  C.  Johnson,  Attorney  General. 

It    is   tlie   duty   of   the   State's   Attorney   to   appear  and   prosecute   in   this 
if  th'-  ]••  .|"'  st  to  do  so  is  made  by  he  magistrate.     Opinion  by  Royal 
I'.   .Johnson.    At!  M-ral. 

The    state's    attorney    must   prosecute    violations    of    this    act,    when    re- 
o    to    do   by    the   magistrate    before   whom    the    action    is    brought. 
i   by   Attorney  General,   Royal  C.  Johnson. 

Providing  for  the  Instruction  in  Music 

Sor.  l;?8a.  (a)  The  elements  of  vocal  music,  including,  when 
practical,  singing  of  simple  music  by  note,  shall  be  taught  in  all  public 
schools  of  South  Dakota. 

(b)  Music   shall   be   taught   by   instruction   in   all   of  the   state 
normal  schools  and  the  minimum  requirement  of  graduates  from  such 
schools  must  be  at  least  two  hours  per  week  for  one  school  year. 

(c)  In   all   graded   schools   the   word    "graded"    is   intended   to 
mean   all   schools   having   two   or   more   grades,   instruction   in   music 
shall  be  given  by  an  instructor  qualified  to  teach  the  rudiments  of 
music.     The  instructor  may  be  a  teacher  of  one  of  the  departments 
who  is  qualified  to  teach  this  subject. 

(d)  In   the   country  school  conducted   by  a  single  teacher,   the 
elements  of  music  notation  by  vocal  and  blackboard  drill  in  connection 
with  the  teaching  of  simple  songs,  shall  be  taught.     But  no  teaaher 
shall  be  refused  a  certificate  or  the  grade  of  his  certificate  lowered 
on  account  of  his  lack  of  ability  to  instruct  or  sing. 

(e)  It  shall  be  the  duty  of  the  county  superintendent  to  have 
taught  annually  in  the  normal   institute  the  elements  of  vocal  music 

by  some  competent  person  for  at  least,  twenty  minutes  of  each  day. 
(Chapter  19,  Session  Laws  1909.) 

S«T.  l:«).  Board  Shall  Provide  Register]  The  board  of  every 
school  district  shall  provide  one  classification  school  register  for  each 
school  therein,  which  shall  conform  to  the  form  prescribed  in  the 
book  of  forms  provided  in  section  5,  of  article  1,  and  keep  the  same 
as  part  of  the  records  of  his  office,  except,  during  each  term  of  school, 
when  the  teacher  shall  keep  said  register  and  record  therein,  each  day 
the  attendance  of  each  pupil  and  the  absence  of  those  enrolled,  and 
all  other  items  necessary  for  making  the  report  in  the  next  section  re- 
quired. 


60  SCHOOL  LAWS 

Sec.  140.  Teacher  Shall  Make  Term  Report]  .  Every  teacher 
of  a  common  school  under  this  law  shall  at  the  expiration  of  each 
term  immediately  make  out  full  duplicate  reports  and  deliver  one  copy 
thereof  to  the  school  clerk,  and  one  to  the  county  superintendent. 
Such  report  shall  show  the  names,  ages  and  sex  of  all  pupils  admitted 
during  the  term,  the  branches  taught,  the  studies  pursued  by  each 
pupil,  the  text-books  used,  the  number  of  days  taught,  the  number  of 
days  each  pupil  was  present  the  average  daily  attendance,  the  date 
when  school  began  and  ended,  the  salary  per  month,  and  information 
concerning  the  school  and  property.  In  addition  to  the  above  his 
report  shall  show  the  grade  in  which  each  pupil  belongs;  his  stand- 
ings as  shown  by  the  monthly  and  term  examinations,  the  daily  pro- 
gram of  class  recitations,  and  such  other  information  as  may  be  re- 
quired by  the  county  superintendent.  The  teacher  shall  al«o  make 
monthly  reports  to  parents  and  to  county  superintendents  when 
blanks  for  the  same  are  furnished.  And  until  such  report  shall  have 
been  filed  with  the  clerk,  the  school  board  shall  not  pay  more  than 
ninety  per  cent  of  the  wages,  of  such  teacher  for  his  or  her  ser- 
vices as  such,  for  the  time  required  to  be  covered  by  such  report. 

The  school  board  has  a  right  to  retain  ten  per  cent  of  each  month's 
salary  of  the  teacher  until  such  teacher  has  filed  the  report  for  tte  term 
at  its  close.  Opinion  by  Philo  Hall,  Attorney  General. 

Provided,  that  any  teacher  who  wilfully  neglects  to  give  notice 
and  make  reports  herein  provided  or  who  shall  refuse  to  fuliill  the 
conditions  of  his  contract  unless  such  neglect  or  refusal  be  on  account 
of  sickness  shall  thereby  forfeit  her  certificate  to  teach. 

Sec.  141.  Disturbance  of  a  Public  School]  Every  person 
whether  pupil  or  not,  who  shall  wilfully  molest  or  disturb  a  public 
school  when  in  session,  or  who  shall  wilfully  interfere  with  or  inter- 
rupt the  proper  order  or  management  of  a  public  school  by  acts  of 
violence,  boisterous  conduct  or  threatening  language,  so  as  to  prevent 
the  teacher  or  any  pupil  from  performing  his  duty  shall  be  guilty  of 
a  misdemeanor  and  shall  upon  conviction  thereof,  before  a  justice  of 
the  peace,  be  punished  by  a  fine  not  exceeding  twenty-five  dollars  or 
by  imprisonment  in  the  county  jail  not  more  than  ten  days,  or  by  both 
such  fine  and  imprisonment. 

Sec.  142.  Defacement  of  School  Property]  Any  pupil  who  cuts, 
defaces,  or  otherwise  injures  any  school  house,  apparatus,  or  outbuild- 
ings thereof,  is  liable  to  suspension  or  expulsion;  and  on  the  com- 
plaint of  the  teacher  to  any  member  of  the  school  board,  the  parents 
or  guardians  of  such  pupils  shall  be  liable  for  all  damages. 

Sec.  143.  Ethical  Instruction]  Moral  instruction  intended  to 
impress  upon  the  mind  of  pupils  the  importance  of  truthfulness,  tem- 
perance, purity,  public  spirit,  patriotism  and  respect  for  honest  labor, 
obedience  to  parents  and  due  deference  for  old  age,  shall  be  given  by 
every  teacher  in  the  public  service  of  the  state. 


SOUTH  DAKOTA  61 

s<  <  .  1  II.  Humane  Treatment  of  Animals  to  be  Taught]  There 
shall  he  in  the  public  shools  of  this  state,  in  addition  to  other  branches 
of  study  as  now  prescribed,  a  system  of  humane  treatment  to  animals. 

Each  school  supported  wholly  or  in  part  by  the  public  funds  of 
this  state,  in  any  county  or  city  thereof,  shall  instruct  all  scholars 
in  the  laws  of  this  state  as  embodied  in  the  penal  code,  or  other  laws 
ining  to  the  humane  treatment  of  animals,  such  studies  on  the 
subject  as  the  board  of  education  having  supervision  thereof  may 
adopt,  such  instruction  to  consist  of  not  less  than  one  lesson  of  ten 
minutes  each  during  each  week  of  the  school  year.  But  no  experi- 
ment upon  live  animals,  to  demonstrate  facts  in  physiology,  sh'all  be 
permitted  in  any  school  in  this  state. 

145.  Necessary  Equipment]  Each  school  and  each  school 
room,  containing  one  or  more  of  the  grades,  three  to  eight  inclusive, 
and  each  ungraded  district  school  shall  be  supplied  with  a  dictionary 
of  some  standard  grade  of  a  kind  and  edition  approved  by  the  county 
superintendent  of  schools,  and  a  globe  of  some  standard  grade,  a  well 
mounted  and  recent  set  of  wall  maps,  black  boards,  and  other  suitable 
apparatus  for  efficient  teaching;  within  thirty  days  after  the  request 
in  writing  for  the  same  has  been  made  by  the  teacher.  And  the  dis- 
trict school  board  may  also  provide  for  each  school  other  high  grade 
library  books  and  books  of  reference  as  they  may  deem  for  the  best 
interest  of  the  school;  Provided,  said  expense  for  books  and  other 
equipment  as  enumerated  above  shall  not  exceed  fifty  dollars  for  any 
school  in  any  one  year.  Provided,  that  no  district  school  board  shall 
buy  any  apparatus,  chart,  or  similar  device  unless  said  board  is  ex- 
pressly authorized  so  to  do  by  a  majority  of  the  school  electors  of  such 
school  district  at  a  regular  or  regularly  called  special  meeting  thereof. 
(Chapter  145  Session  Laws  1911.) 

SIM-.  146.  Prohibition  on  Binding  Contracts]  No  contract  bind- 
ing on  the  school  district  shall  be  made  in  any  case  except  by  the 
school  board  or  board  of  education,  acting  as  such,  at  a  regular  meet- 
ing, or  regularly  called  special  meeting,  excepting  contracts  made  for 
the  employment  of  teachers. 

hool  warrant  or  order  which   is  a  contract  is  void  unless  author- 
iod   at   a    regular   or    propf-rly  called    special    meeting   of   the 
board.      Rockfonl   v.  School  District  No.   6,   103  N.  W.   763. 

S.M-.  I  47.  Tuition  for  Eighth  Grade  Graduates]  Any  pupil 
who  shall  successfully  complete  the  work  of  the  eighth  grade  as  estab- 
lished in  the  state  course  of  study  and  who  shall  hold  a  common  school 
diploma  granted  by  the  county  superintendent  is  privileged  to  continue 
his  school  work  up  to  and  including  the  twelfth  grade  by  attending 
any  graded  school  (high  school  or  normal  school),  in  the  state  furnish- 
ing a  higher  course  of  study,  and  not  to  exceed  two  dollars  per  month 
of  the  tuition  charge  therefor  shall  be  paid  by  the  board  of  his  home 
district  from  the  general  fund  thereof,  if  his  home  district  does  not 


62  SCHOOL  LAWS 

provide  instruction  in  such  higher  grades,  and  any  tuition  charge  in 
excess  of  said  two  dollars  ($2.00)  per  month,  which,  in  addition  there- 
to shall  not  exceed  the  actual  per  capita  cost  per  month  of  school- 
ing, a  student  in  such  graded  school,  shall  be  paid  by  the  student  or  his 
parent  or  guardian.  (Chapter  137  Session  Laws  1911.) 

"Home  district"  here  means  the  district  in  which  a  child  may  have 
his  legal  residence.  Opinion  by  S.  W.  Clark,  Attorney  General. 

A  pupil  who  holds  a  diploma  of  graduation  according  to  the  above 
provision  cannot  compel  the  home  district  to  pay  tuition  in  a  college. 
Opinion  byW.  H.  Roddle,  Assistant  Attorney  General. 

A  graduate  of  the  8th  grade  who  is  more  than  twenty-one  years  of 
age  cannot  compel  the  home  district  to  pay  his  tuition  to  continue  the  work 
in  the  high  school.  Opinion  by  S.  W.  Clark,  Attorney  General. 

The  district  is  liable  for  not  to  exceed  two  dollars  ($2.00)  per  month 
tuition  for  such  pupil  attending  any  graded  school  (high  school  or  nor- 
mal school)  in  this  state  regardless  of  the  number  of  months  which  school 
is  held  in  the  home  district.  Opinion  by  C.  C.  Caldwell.  Attorney  General. 

The  school  board  is  only  liable  for  the  actual  sums  charged  for  tui- 
tion, and  in  no  case  to  exceed  $2.00'  per  month,  and  is  not  liable  for  any 
sums  charged  as  incidental  fees  in  Normal  Schools.  Opinion  by  Royal  C. 
Johnson,  Attorney  General. 

The  term  "any  graded  school"  as  used  in  this  section  refers  to  public 
schools  only,  and  not  to  private  schools.  Attorney  General,  Royal  C.  John- 
son. 

If  the  tuition  charge,  is  in  excess  of  $2.00  per  month,  the  pupil  is  com- 
pelled to  pay  only  the  excess,  while  the  school  district  making  the  tuition 
charge  must  look  to  the  home  district  of  the  pupil  for  the  tuition  in  ex- 
cess of  $2:00  per  month.  Opinion  by  Attorney  General  Royal  C.  Johnson. 

Sec.   147a.     To  Permit  Public  Meetings  in  School  Houses]     .  ( 1 ) 

That  the  public  school  houses  in  the  state  of  South  Dakota,  outside  of 
cities  and  towns  may  hereafter.be  used  for  public  meetings,  including 
singing,  literary  societies,  political  and  other  meetings  of  moral  pur- 
poses; provided,  such  use  shall  be  entirely  without  expense  to  the 
school  district  having  control  of  such  school  house  for  heat  and  light 
and  care  of  same;  and  provided  further,  that  any  person  or  persons  or 
public  body  so  using  any  such  school  house  shall  be  responsible  to 
such  school  district  for  any  and  all  damage  that  may  be  caused  to 
such  school  house  or  any  fixture  or  furniture  therein  by  reason  of 
such  use  or  occupancy  as  aforesaid. 

(2)  If  any  person  residing  within  the  district  wishes  to  secure 
the  school  house  for  any  meeting  or  meetings,  such  as  are  enumerated 
above,  and  makes  application  to  the  chairman  of  the  school  board  or 
other  school  officer  having  custody  of  the  school  house  in  said  district, 
it  shall  be  the  duty  of  said  chairman  or  school  officer  having  custody 
to  grant  permission  for  such  meeting  or  meetings;  provided,  such 
meeting  or  meetings  shall  in  no  way  interfere  with  the  school  that 
may  be  in  session  at  the  time.  Provided,  further,  such  chairman  or 
other  school  officer  having  custody  of  such  school  house  may  refuse 
such  applicant  if  the  school  house^  has  been  previously  engaged  for  any 
similar  meeting  covering  the  same  period  of  time. 

School  houses  may  not  be  used  for  dances,  or  other  public  functions, 
which  interfere  with  the  school  then  in  session.  opinion  by  Attorney 
General,  Royal  C.  Johnson.  , 

It   is   a    question    of   law    whether    socials    arid    dances    can    lie    permitte 
to   be  conducted  in  a  school  house.      For  full  discussion   see   opinion   by  At 
torney  General,  Royal  C.  Johnson,  in  his  report  for  the  year  1913-1914,  page 
294. 


SOUTH  DAKOTA  63 


ARTICLE  VI T 

148.  Every  person  having  under  his  control  a  child  be- 
n  the  age  of  eight  and  sixteen  years,  both  inclusive,  shall  annual- 
ly cause  such  child  to  regularly  attend  some  public  or  private  day 
school  for  the  entire  term  during  which  the  public  school  in  the  dis- 
trict in  which  he  resides  is  in  session  until  such  child  shall  have  com- 
(1  the  first  six  grades  of  the  regular  common  school  course,  pro- 
vided, that  the  district  board  may,  after  such  child  has  completed  the 
sixth  grade,  decrease  the  required  term  of  attendance  to  not  less  than 
sixteen  continuous  weeks  in  each  year  until  such  child  has  completed 
the  seventh  and  eighth  grades  of  the  regular  common  school  course, 
or  has  reached  the  age  of  sixteen  years. 

For  every  neglect  of  such  duty  the  person  offending  shall  be  fined 
for  the  use  of  the  public  schools  of  his  school  corporation,  a  sum  of 
not  less  than  $10.00  nor  more  than  $20.00  and  shall  stand  committed 
until  such  fine  and  costs  of  suit  are  paid. 

:M   is  fourteen  until   he  has  reached  the  age  of  fifteen  years.     De- 

viUe  G.    Bennett.  Judge  of  Lawn-nee   County   court. 
•  ndition    of    roads,    stormy    weather,    or    the    need    of    the    ser- 
ehild  at  home   is   not  a  sufficient  excuse  for  keeping"  a  child  out 

:.--ion  I'.v  Judge  Dimock,  Hutchinson  County  court. 
But  if  the  person  so  neglecting  shall  show  to  the  board  of  educa- 
tion or  district  school  board,  as  the  case  may  be,  or  to  the  court,  that 
instruction  has  otherwise  been  given  by  a  competent  person  for  a  like 
period  of  time  to  such  child  in  the  branches  commonly  taught  in  the 
public  schools;  that  such  child  has  already  acquired  the  branches  of 
learning  taught  in  the  public  schools;  or  that  his  physical  or  mental 
condition  as  declared  by  a  competent  physician  is  such  as  to  render 
such  attendance  unsafe  or  impracticable;  or,  if  in  the  opinion  of  the 
court  or  judge  such  compulsory  attendance  would  impose  conditions 
which  would  not  be  humane,  then  such  penalty  shall  not  be  incurred. 
Such  fine  shall  be  paid  when  collected  to  the  county  treasurer  or  the 
treasurer  of  such  city  or  independent  district  in  which  such  child  and 
parents  reside,  to  be  credited  by  him  as  other  money  raised  for  school 
purposes  to  the  district  from  which  it  came.  (Chapter  170,  Session 
Laws  1915.) 

s<-c.  no  The  board  of  education  of  city  or  town  independent 
school  districts  shall  appoint  each  year  a  truant  officer,  whose  duty 
it  shall  be.  under  the  direction  of  said  board  or  its  superintendent,  to 
enforce  the  provisions  of  this  act.  Provided  that  the  county  superin- 
tendent shall  act  ex-officio  as  truant  officer  for  all  other  districts.  The 
truant  officer  shall  receive  such  compensation  for  his  services  as  the 
board  of  education  may  determine. 

It  shall  be  the  duty  of  the  truant  officer,  teacher,  member  or 
agent  of  such  board  of  education  to  petition,  and  any  reputable  citi- 
zen may  petition  the  county  court  of  the  county,  to  inquire  into  the 
case  of  any  child  of  compulsory  school  age  who  is  not  attending  school, 


64  SCHOOL,  LAWS 

or  whose  attendance  is  irregular,  or  who  has  been  guilty  of  habitual 
truancy,  and  the  petition  shall  also  state  the  names,  if  known  of  the 
father  or  mother  of  such  child  or  the  survivor  of  them,  and  if  neither 
father  nor  mother  of  such  child  is  living  or  cannot  be  found  in  the 
county  or  if  their  names  cannot  be  ascertained,  then  the  name  of  the 
legal  guardian,  and  if  there  be  neither,  then  the  person  who,  in  the 
judgment  of  the  court,  is  responsible  for  the  conduct  of  such  child. 
Such  petition  shall  be  verified  by  oath  upon  the  belief  of  the  petitioner, 
and  upon  being  filed,  the  judge  of  the  county  court  shall  cause  to  be 
issued  a  citation  to  the  sheriff  of  the  county  directing  him  to  bring 
such  parent,  guardian  or  person  before  the  court  or  judge  and  shall 
summon  such  witnesses  as  may  be  necessary  to  ascertain  the  facts  in 
the  case,  and  if  the  court  or  judge  shall  find  that  the  material  facts 
set  forth  in  the  petition  are  true,  then  such  parent,  guardian  or  person 
shall  be  fined  as  hereinbefore  provided.  It  shall  also  be  the  duty  of 
said  truant  officer  to  arrest  children  of  school  going  age  who  habitually 
haunt  public  places  and  have  no  lawful  occupation,  and  also  truant 
children  who  absent  themselves  from  school  without  leave,  and  place 
them  in  charge  of  the  teacher  having  charge  of  the  school  which  said 
children  are  by  law  entitled  to  attend. 

The  board  of  education  shall  have  the  power,  in  its  discretion,  to 
set  aside  a '  room  or  building  for  the  detention,  during  reasonable 
hours,  and  instruction  of  such  children  as  may  be  assigned  thereto 
by  the  superintendent,  principal  or  board  of  education  because  of  ha- 
bitual truancy,  continued  violation  of  the  rules  of  the  school,  or  of 
vicious  or  immoral  habits,  and  to  pass  and  enforce  such  rules  and  to 
provide  teachers  and  other  agents  and  equipment  as  may  be  necessary 
to  maintain  discipline  and  instruct  in  the  same  branches  as  are  pro- 
vided in  other  rooms  or  buildings.  And  it  shall  be  the  duty  of  said 
teacher  to  assign  such  children  to  their  proper  classes  and  instruct 
them  in  such  studies  as  they  are  fitted  to  pursue.  Any  school  officer 
or  employe  failing  to  perform  the  duty  required  of  him  by  this  ar- 
ticle shall  be  liable  to  a  fine  of  not  less  than  $10.00  nor  more  than 
$20.00  for  every  such  offense. 

Sec.  150.  No  child  under  the  age  of  fifteen  years  shall  be  em- 
ployed, permitted  or  suffered  to  work  at  any  gainful  occupation  in 
any  mine,  hotel,  laundry,  manufacturing  establishment,  factory,  pas- 
senger or  freight  elevator,  bowling  alley,  or  in  any  saloon,  theatre, 
concert  hall  or  place  of  amusement  where  intoxicating  liiuiors  are 
sold,  or  as  messenger  or  driver  thereof,  or  in  any  other  mam: t-r  in 
work  performed  for  wages  or  other  compensation,  to  wohixisoever 
payable,  during  any  portion  of  any  month  during  the  hours  when  the 
public  schools  of  any  district  in  which  he  or  she  resides  are  in  si  ssion. 

Every  owner,  superintendent  or  overseer  of  any  mine,  factory, 
work-shop,  mercantile  establishment,  or  any  other  person  who  shall 
employ  any  child  under  fifteen  years  of  age  contrary  to  the  provisions 


SOUTH  DAKOTA  65 

of  this  article  shall  be  deemed  guilty  of  a  misdemeanor,  and  for  every 
offense  shall  upon  conviction  thereof  be  fined  not  less  than  $10.00 
nor  more  than  $50.00  and  costs. 

Any  person  having  the  control  of  a  child  or  who  may  have  child- 
ren in  his  employ,  who  with  the  intent  to  evade  the  provisions  of  this 
article  shall  make  a  wilfully  false  statement  concerning  the  age  of 
such  child  or  in  regard  to  facts  covered  by  any  other  provision  of  this 
article,  shall  for  such  an  offense  be  fined  in  any  sum  not  less  than 
$10.00  nor  more  than  $50.00  for  the  use  of  the  public  school  corpora- 
tion. 

Sec.  ir>Oa.  (1)  Kinpolynicnt  of  Women  and  Children.]  Unless 
a  shorter  time  be  agreed  upon,  the  standard  day's  work  for  women 
and  girls  and  children  shall  not  exceed  ten  hours  in  each  day.  Any 
employer  and  other  person  having  control  who  shall  compel  any  wo- 
man or  girl  or  child  under  the  age  of  fourteen  years  to  labor  more 
than  ten  hours  in  any  one  day  shall  be  guilty  of  a  misdemeanor  and 
punishable  by  a  fine  not  to  exceed  one  hundred  dollars  or  by  imprison- 
ment in  the  county  jail  for  not  more  than  thirty  days  or  by  both  such 
fine  and  imprisonment.  Provided,  this  section  shall  not  apply  to  farm 
laborers  or  to  domestic  servants  or  to  persons  engaged  in  the  care  of 
live  stock. 

(2)  No  child  under  fourteen  years  of  age  shall  be  employed  at 
any  time  in  any  factory  or  workshop  or  about  any  mine  nor  shall  he 
or  she  be  employed  in  any  mercantile  establishment  except  during  the 
vacation  of  the  public  schools.      No   child   under  sixteen  years  of  age 
shall  be  employed  at  any  time  at  any  occupation  dangerous  to     life, 
health  or  morals,  nor  shall  he  or  she  be  employed  for  more  than  ten 
hours  in  any  day  or  sixty  hours  in  any  week  except  that  on  Saturdays 
and  for  ten  days  prior  to  Christmas  he  or  she  may  be  so  employed  un- 
til ten  o'clock  p.  m.,  except  as  otherwise  provided  in  section  7  of  this 
act. 

(3)  No  child  under  fourteen  years  shall  be  employed  in  any  fac- 
tory,   workshop,    mine    or    mercantile    establishment,    unless    the    em- 
ployer shall   keep  on  file  the  certificate  herein  required,  and  a  com- 
plete list  of  such  employees.     Such  certificate  shall  be  executed  by  the 
county  superintendent  of  schools  where  there  is  one,  or  by  some  per- 
son authorized  by  him  in  writing.     It  shall  state  the  name,  date  and 
place  of  birth,  and  the  age  of  the  child,  and  that  he  can  read  at  sight, 
and  write  in  a  legible  hand,  simple  English  sentences;   or  that  he  is  a 
regular  attendant  at  some  school,  or  during  the  past  twelve  months  .has 
attended   school   as   required   by   law,    or   has   been   lawfully      excused 
therefrom.     Attendance  at  a  private  school  shall  be  certified  to  by  the 
teacher  thereof  on  this  certificate. 

(4)  Every  factory,  workshop,  mine,  mercantile  establishment  or 
other  place   in  or   in   connection   with   which   children   are   engaged   at 


66  SCHOOL  LAWS 

labor  of  any  kind,  shall  at  all  times  be  subject  to  visitation  by     the 
county  superintendent  of  schools. 

(5)  Whenever  it  appears  upon  investigation  that  the  labor  of  a 
minor,  who  would  otherwise  be  barred  from  employment  under  the 
provisions  of  this  act,  is  necessary  for  his  support  or  that  of  the  fam- 
ily to  which  he  belongs,  the  county  superintendent  of  schools  of  the 
county,  or  chairman  or  president  of  the  school  board  or  district  in 
which  he  resides  may  issue  a  permit  authorizng  his  employment  with- 
in certain  hours,  to  be  fixed  therein. 

(6)  Every  factory,  mill  or  workshop,  where  women,  girls  and  chil- 
dren are  employed,  shall  be  kept  clean  and  free  from  effluvia  arising 
from  any  sewer,  drain,  privy  or  water  closets,  be  properly  ventilated 
and  provided  with  privies  or  water  closets  for  the  separate  use  of  male 
and  female  employees,  and  at  all  times  kept  in  a  sanitary  condition. 
Whenever  the  labor  performed  is  such  as  to  require  a  change  of  cloth- 
ing, separate  dressing  rooms  shall  be  provided  for  the  sexes. 

(7)  The   interior   of   every   factory   and    workshop   in   this   state 
where  women,  girls  and  children  are  employed  shall  be  limewashed  or 
painted  at  least  once  in  every  twelve  months. 

Every  floor  of  any  room  in  said  factory  shall  be  thoroughly  cleaned 
with  soap  and  water  at  least  once  in  two  weeks  and  every  dressing 
room  and  water  closet  in  said  factory  shall  be  thoroughly  cleaned  with 
soap  and  water  once  every  week. 

(8)  Every   firm,    person,    association    or    corporation,    and    every 
officer,  agent  or  employee  thereof,  violating  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  pun- 
ished by  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars,  or  by  imprisonment  in  the  countyy  jail  not  more  than  thirty 
days,  or  -both  such  fine  and  imprisonment  in  the  discretion  of  the  court. 

(9)i  Every  employer  of  females  and  children  in  any  mercantile, 
manufacturing,  hotel  or  restaurant  business,  and  every  agent  in  charge 
of  any  such  business,  shall  provide  and  maintain  suitable  seats  in  the 
room  where  they  work,  and  permit  such  use  thereof  by  them  as  may 
be  necessary  for  the  preservation  of  their  health.  ('Chapter  240,  Session 
Laws  1913.) 


ARTICLE  VIII 

School  Bonds 

Sec.  151.  Bonds  May  Be  Issued]  Whenever  the  quailified  elec- 
tors of  a  school  district  shall  at  any  regular  or  special  meeting  held 
for  that  purpose,  vote  to  issue  school  district  bonds  for  the  purpose  of 
building  and  furnishing  a  school  house  and  purchasing  grounds  on 
which  to  locate  the  same,  or  to  fund  an  outstanding  indebtedness,  the 


SOUTH  DAKOTA  67 

school    district    board    may    lawfully    issue    such    bonds    in    accordance 
with  the  provisions  of  this  article. 

•1  a  petition  signed  by  a  sufficient  number  is  presented  to  the 
school  board,  the  board  must  act.  Opinion  by  S.  W.  Clark,  Attorney  Gen- 
eral. 

Any    woman   having-  the   constitutional  provisions  as   to   age,   residence 
te  at  any  election  solely  for  school  purposes.     Opin- 
.'"hnson.   Attorney  General. 

i  from  the  sale  of  bonds  cannot  be  diverted  from  its  orig- 
:oyal   C.   Johnson.   Attorney   General. 
in  a  district  until   the  organization   of  the  dis- 
ite  must  be   strictly  followed  if  the  bonds  are 
Ion    l-y    lii.yal    C.    Johnson.    At  General. 

lized    from    the    sale    of   bonds    voted   is    not   suf- 
for  which    th.  >ted,   it   is    necessary    to 

tuthurity   from  the  electors   to   issue  warrants   for  the   balance,  other- 
:nay  be   illegal.      Opinion   by   Royal  C.  Johnson,  Attorney 
ral. 

.net   propositions   should   be   separately    submitted  in   a   school 
:;on.      Opinion   by   Attorney   General,   Royal   C.   Johnson. 

Provided,  however,  that  the  question  of  issuing  bonds  shall  not 
be  submitted  to  a  vote  of  the  district  and  no  meeting  shall  be  called 
for  that  purpose  until  the  school  district  board  shall  have  been  peti- 
tioned in  writing  by  one-third  of  the  voters  resident  in  said  school 
district. 


1.~>2.  Before  the  question  of  issuing  bonds  shall  be  sub- 
mitted to  a  vote  of  the  school  district,  notices  shall  be  posted  in  at 
least  three  public  and  conspicuous  places  in  said  district  stating  the 
time  and  place  of  meeting,  the  amount  of  bonds  proposed  to  be  issued 
and  the  time  in  which  they  shall  be  made  payable;  said  notices  shall 
be  posted  not  less  than  twenty  days  before  the  meeting,  and  the  vot- 
ing shall  be  done  by  means  of  written  or  printed  ballots  and  all  bal- 
lots deposited  in  favor  of  issuing  the  bonds  shall  have  thereon  the 
words  "For  issuing  bonds,"  and  those  opposed  thereto  shall  have 
thereon  the  words,  "Against  issuing  bonds;"  and  if  a  majority  of  all 
the  votes  cast  shall  be  in  favor  of  issuing  bonds  the  school  board 
through  its  proper  officers  shall  forthwith  proceed  to  issue  bonds  in 
accordance  with  the  vote;  but  if  a  majority  of  all  the  votes  cast  are 
against  issuing  bonds,  then  no  further  action  can  be  had,  and  the 
question  shall  not  be  again  submitted  to  a  vote  for  one  year  thereaf- 
ter, except  for  a  different  amount. 

Sec.  153.  Denomination  of  Bonds]  The  denomination  of  bonds 
which  may  be  issued  under  the  provisions  of  this  article  shall  be  f.fty 
dollars  or  some  multiple  of  fifty  not  exceeding  two  hundred  dollars, 
and  shall  bear  interest  at  the  rate  of  not  exceeding  seven  per  cent  per 
annum,  payable  semi-annually  in  accordance  with  interest  coupons 
which  shall  be  attached  to  said  bonds;  and  such  bonds  shall  be  made 

>\e  in  annual,  biennial  or  triennial  succession,  but  no  bond  shall 
be  made  payable  in  less  than  three  or  more  than  fifteen  years;  and  no 
greater  amount  than  two  thousand  five  hundred  dollars  can  be  issued 
for  any  one  school  house,  except  in  towns  or  villages  of  more  than  oiie 


68  SCHOOL  LAWS 

hundred  inhabitants,  and  in  such  districts  the  amount  shall  not  exceed 
four  per  cent  of  the  assessed  valuation  of  said  district. 

Provided,  that  when  a  district  containing  two  or  more  schools, 
at  a  meeting  of  the  electors  thereof,  shall  have  voted  to  consolidate 
part  or  all  of  such  schools,  or  if  two  or  more  districts  shall  have  voted 
to  consolidate  for  the  purpose  of  establishing  and  maintaining  a  grad- 
ed central  school,  in  such  cases  bonds  may  be  issued  not  to  exceed  four 
thousand  dollars  for  the  purpose  of  building  and  equipping  a  school 
house.  Provided,  that  the  amount  shall  not  exceed  four  per  cent  of 
the  assessed  valuation  of  said  district. 

Provided  further,  that  for  the  purpose  of  this  act  the  valuation 
fixed  by  the  state  board  of  equalization  at  its  last  preceding  meeting 
shall  be  the  assessed  valuation  of  such  districts.  (Chapter  132,  iSes- 
sion  Laws  1909.) 

Sec.  154.  Bonds — Form  of — Auditor's  Certificate]  Whenever 
any  bonds  are  issued  under  the  provisions  of  this  article,  they  shall 
be  lithographed  or  printed  on  good  bond  paper  and  shall  state  upon 
their  face  the  date  of  their  issue,  the  amount  of  the  bond,  to  whom 
and  for  what  purpose  issued,  also  the  time  and  place  of  making,  and 
the  rate  of  interest  to  be  paid.  They  shall  have  printed  upon  the 

margin  the  words,  "Authorized  by  article  8  of  chapter of  the 

Session  Laws  of  South  Dakota  for  1907,"  and  upon  the  back  of  the 
bonds  a  certificate  signed  by  the  county  auditor  in  substantially  the 
following  form: 

"I  certify  that  the  within  bond  is  issued  in  accordance  with  law, 
and  is  within  the  debt  limits  permitted  by  the  constitution  of  the  state 

of  South  Dakota,  and  in  accordance  with  a  vote  of 

school  district  at  a  regular  (or  special)  meeting  on  the, 

day  of A.  D.  19 to  issue  bonds  to  the 

amount  of dollars." 

They  shall  be  signed  by  the  chairman  and  clerk  of  the  school 
board  and  shall  be  registered  and  numbered  in  a  book  to  be  kept  by 
the  clerk  for  that  purpose,  in  which  shall  be  entered  the  number,  date, 
and  name  of  person  to  whom  issued,  and  the  dates  when  the  same 
shall  become  due. 

All  bonds  must  be  issued  in  denominations  authorized  by  law  or  same 
are  invalid.  Livingston  v.  School  District  No.  7,  9.  S.  D.  345. 

Statutory  limitations  does  not  apply  to  refunding"  bonds.  Ewart  v. 
Mallery,  16  S.  D.  151. 

Bond  Tax  Levy]  In  any  school  district  where  there  are  bonrls 
outstanding,  the  school  board  shall  have  the  power  at  the  time  the 
school  taxes  are  levied,  to  levy  a  tax  in  addition  to  the  tax  provided 
for  in  section  118  sufficient  to  pay  the  interest  on  said  outstanding 
bonds  as  the  same  may  become  due  and  not  to  exceed  fifteen  p:r 
cent  of  the  principal  as  a  sinking  fund.  The  said  tax  shall  be  certified 
to  the  county  auditor  by  the  school  clerk  at  the  same  time  that  the 
levies  for  other  purposes  are  certified. 

The  money  obtained  from  the  levies  for  the  interest  and  sinking 


SOUTH  DAKOTA  69 

fund  shall  not  be  used  for  any  other  purpose  than  that  for  which  the 
levies  are  made; 

Provided,  that  when  any  school  district  shall  hereafter  issue 
bonds,  the  school  district  board  shall  at  or  before  the  time  of  so  do- 
ing provide  for  a  levy  of  an  annual  tax  sufficient  to  pay  the  interest 
and  principal  thereof  when  due,  and  all  such  levies  when  legally  made 
shall  be  irrepealable  until  such  debt  be  paid. 

Provided,  however,  that  such  levy  shall  not  be  greater  than  fifteen 
per  cent  in  any  one  year  of  the  debt  to  be  paid.  The  school  board  may 
in  their  discretion  purchase  any  of  its  outstanding  bonds  at  their  mar- 
ket value  and  pay  for  the  same  out  of  the  sinking  fund. 

s<>r.  154a.  Every  city,  incorporated  town,  county,  township, 
school  district  or  other  municipal  or  public  corporation  maintaining 
a  sinking  fund  for  the  payment  of  outstanding  bonds,  shall  keep  the 
accumulations  in  such  sinking  fund  invested  in  valid  interest  bearing 

:  ities  or  deposited  with  lawful  depositaries  and  the  interest  ac- 
cruing on  such  investment  of  the  sinking  fund  shall  be  credited  to  said 
fund.  It  being  the  intention  of  this  act  to  authorize  such  municipal 
and  public  corporations  to  invest  said  funds  in  other  bonds  of  such 
municipal  or  public  corporations  when  the  bonds  for  which  such  sink- 
ing fund  has  been  created,  do  not  fall  due  for  a  period  of  ten  years  or 
more  thereafter,  provided,  that  where  such  sinking  fund  is  invested  in 
other  bonds  of  such  corporation,  there  shall  be  a  levy  of  a  tax  upon 
the  taxable  property  of  such  municipal  or  public  corporation  of  suffic- 
ient amount  to  pay  the  interest  and  also  the  principal  thereof  when  due, 
and  such  tax  when  collected  shall  be  returned  to  the  sinking  fund  for 
that  purpose,  provided,  further  that  in  carrying  out  the  provisions  of 
this  act,  all  transactions  shall  be  by  resolutions  of  the  governing 
board,  which  resolutions  shall  be  regularly  filed  and  recorded  with  the 
auditor  or  clerk  of  such  municipal  or  public  corporation,  as  a  public 
record.  (Chapter  277,  Session  Laws  1915.) 

Sec.  155.  Sale  of  Bonds]  Whenever  any  bonds  shall  be  issued 
under  the  provisions  of  this  article,  the  school  district  treasurer  shall 
have  authority  to  negotiate  and  sell  such  bonds  for  not  less  than  par, 
and  the  proceeds  shall  be  used  exclusively  for  the  purpose  of  building 
and  furnishing  a  school  house  and  in  payment  for  a  site  for  the  same 
and  for  necessary  buildings. 

i    good   faith,   of   bonds   issued   by   boards   of  education   is 

•>f  the   right  to   rely  on   the   recital   therein  as   to   the   purpose 

-ued.     Pierre  Bd.  of  Edu.  v.  McLean,  45  C.  C.  A.   658. 

A   municipality   is  estopped,  as  against   the   bona   fide   purchaser  of  its 

assert  the   falsity   of  a  certificate  upon   the   face  thereof  that  all 

tions    precedent    to    their    issuance    have    been    performed    in    regular 

and  due  form  as  required  by  law.     Nat.   L.  Ins.   Co.   v.   Huron  Bd.  of  Edu., 

Sec.    156.      Bonds   A   Lien  on  Property]      Bonds   issued   under 
the  provisions  of  this  article  shall  be  u  lien  upon  the  taxable  property 


70  SCHOOL  LAWS 

of  the  school  district  issuing  them,  and  when  any  school  board  neg- 
lects or  refuses  to  levy  a  tax  in  accordance  with  law  to  meet  any  out- 
standing bonds  or  interest  thereon,  the  county  auditor  shall  have 
power  to  levy  such  tax,  and  when  collected  to  apply  the  proceeds  to 
the  payment  of  such  coupons  and  bonds. 

Sec.  157.  Cancellation  of  Bonds]  Whenever  the  bonds  of  any 
school  district  shall  have  been  redeemed  by  the  school  board,  they 
shall  be  cancelled  by  writing  or  printing  in  red  ink  the  word,  "Can- 
celled and  paid,"  across  each  bond  and  coupon,  and  the  date  of  the 
payment  and  the  amount  paid  shall  be  entered  in  the  clerk's  register 
against  the  proper  number  of  bond  and  the  bonds  so  cancelled  shall 
be  filed  in  the  office  of  the  district  treasurer  until  all  the  outstanding 
bonds  are  paid,  when  they  shall  be  destroyed  in  the  presence  of  the 
full  board. 

Sec.  158.  Building  a  School  House]  Whenever  any  school  house 
is  built  with  bonds  provided  in  the  manner  herein  authorized,  the 
school  board  shall  advertise  at  least  thirty  days  in  some  newspaper 
printed  in  the  county,  or  by  posting  notices  for  the  same  length  of 
time  in  at  least  three  of  the  most  public  and  conspicuous  places,  if  no 
newspaper  is  published  in  the  county,  for  sealed  proposals  for  building 
and  furnishing  such  school  house  in  accordance  with  plans  and  specifi- 
cations that  shall  be  furnished  by  the  school  board,  reserving  the  right 
to  reject  any  and  all  bids,  and  if  any  of  the  proposals  shall  be  reason- 
able and  satisfactory  said  board  shall  award  the  contract  to  the  lowest 
responsible  bidder,  and  shall  require  of  such  contractor  a  bond  in 
double  the  amount  of  the  contract,  conditioned  that  he  will  properly 
account  for  all  money  and  property  of  the  school  district  that  may 
come  into  his  hands,  and  that  he  will  perform  the  conditions  of  his 
contract  in  a  faithful  maner  and  in  accordance  with  its  provisions,  and 
in  case  all  the  proposals  shall  be  rejected  said  board  shall  advertise 
anew  in  the  same  manner  as  before  until  a  reasonable  bid  shall  be 
submitted; 

Provided,  however,  that  no  member  of  the  school  district  board, 
clerk  or  treasurer,  shall  be  interested,  directly  or  indirectly  in  any  con- 
tract for  building  or  furnishing  any  school  house  provided  for  in  this 
article. 

159.  Bonds  Executed  Now  in  Excess  of  Statute]  When  any 
school  district  in  this  state,  which  shall  have  heretofore  legally  issued, 
executed  and  delivered  its  negotiable  bonds  for  the  purpose  then  pro- 
vided by  law,  and  which  at  the  time  of  issue  thereof  was  not  in  excess 
of  the  debt  limit  allowed  said  district  or  township  by  law  but  which 
said  district  for  any  reason  has  outstanding  in  said  bonds  and  other 
indebtedness  an  amount  in  excess  of  the  present  constitutional  and 
statutory  limit,  so  as  to  preclude  a  valid  issue  of  bonds  funding  all 
outstanding  indebtedness,  then,  and  in  that  event  the  school  board  of 


SOUTH  DAKOTA  71 

said  district  upon  being  authorized  to  do  so  by  a  majority  vote  of  all 
electors  at  any  regular  election  or  special  election  called  for  that  pur- 
pose, is  hereby  empowered  to  make  a  contract  for  the  issue  of  exten- 
sion coupons  with  the  holder  or  holders  of  said  outstanding  bonds,  at 
or  prior  to  the  time  of  the  same  becoming  due,  which  said  contract 
shall  be  entered  upon  the  clerk's  record  of  said  district,  and  in  pursu- 
ance of  said  contract  the  said  school  board  shall  execute  and  deliver 
the  extension  coupons  of  said  district,  extending  the  time  of  payment 
of  said  school  bonds  heretofore  issued  for  a  period  of  net  less  than 
three  nor  more  than  ten  years,  at  a  rate  of  interest  to  be  agreed  upon 
between  said  school  district  board  and  the  holder  or  holders  of  said 
bonds,  not  to  exceed  the  rate  in  the  original  bonds,  payable  semi- 
annually  at  such  date  and  place  as  may  be  stated  in  said  coupons. 

Sec.  160.  Certificate  of  County  Auditor]  When  any  school  dis- 
trict in  this  state  shall  have  voted  to  issue  its  negotiable  bonds  for  the 
purpose  now  provided  by  law,  and  before  the  county  auditor  shall 
certify  to  the  bonds,  as  required  in  section  154  the  said  district  shall 
file  with  said  auditor  certified  copies  of  the  record  of  the  said  school 
district,  ordering  said  election,  and  the  records  and  poll  book  of  said 
election,  and  unless  said  records  show  a  strict  compliance  with  law, 
the  said  certificates  shall  not  be  executed.. 


ARTICLE  IX 

Sec.  161.  Bonds  by  Boards  of  Education  of  Independent  School 
in  all  Cities  of  the  First  Class  and  Cities  Under  Commission 
Having  a  Population  of  lO,OOO.or  Over]  Boards  of  education  of  in- 
dependent school  districts  in  all  cities  of  the  first  class  and  in  all 
"cities  under  commission"  having  a  population  of  10,000  or  over  by 
the  last  preceding  federal  or  state  census  are  hereby  authorized  and 
empowered  to  issue  negotiable  bonds  in  the  manner  hereinafter  pro- 
vided for  the  following  purposes:  1.  To  refund  bonds  that  may  now 
be  outstanding.  2.  To  fund  outstanding  warrants.  3.  To  purchase  such 
real  property  as  the  board  of  education  may  deem  necessary  or  advis- 
able for  school  athletic  and  other  purposes.  4.  To  raise  money  for 
the  purchase  of  sites  and  the  erection  of.  suitable  buildings  for  school 
purposes.  5.  To  raise  money  for  the  erection  of  additions  to  school 
buildings.  (Chapter  185,  Session  Laws  1913.) 

Sec.  162.  Resolution  of  Board]  When  the  board  of  education 
of  the  independent  school  district  of  any  city  of  either  of  the  classes 
referred  to  in  Section  161  hereof,  shall  deem  it  necessary  and  ex- 
pedient to  raise  money  for  any  of  the  purposes  herein  provided  for, 
it  shall  pass  a  resolution  setting  forth  clearly  and  distinctly  the  object 
or  objects,  for  which  the  bonds  are  to  be  issued,  the  amount  of  the 
bonds,  the  maximum  rate  of  interest  which  they  are  to  draw  and  the 


72  SCHOOL,  LAWS 

time  when  they  shall  become  due  and  payable.  Said  resolution  shall 
further  fix  the  time  and  place  for  holding  an  election  and  shall  dis- 
tinctly specify  the  propositions  to  be  submitted  to  the  electors.  Such 
resolution  may  include  the  issuing  of  bonds  for  one  or  more  purposes. 
The  resolution  shall  provide  for  its  publication  in  two  or  more  news- 
papers published  in  said  city  and  that  said  publication  shall  be  at 
least  once  a  week  for  four  weeks  prior  to  the  time  of  such  election. 
When  such  resolution  shall  be  adopted  by  the  board,  it  shall  be  en- 
tered at  length  by  the  clerk  on  the  minutes,  signed  by  the  president 
and  attested  by  the  clerk.  (Chapter  139,  Session  Laws  1911.) 

Sec  163.  Polling  Place]  The  board  shall  fix  a  polling  place  in 
each  ward  and  shall  appoint  by  resolution  the  members  of  said  board 
from  the  respective  wards  as  judges  of  election.  Such  judges  shall 
appoint  a  competent  person  as  clerk. 

Sec.  164.  Election]  Said  election  shall  be  held  in  accordance 
with  the  general  election  laws  of  this  state,  except  as  herein  modified; 

Provided,  no  registration  of  electors  shall  be  necessary.  The 
polls  shall  be  opened  at  2  p.  m.  and  close  at  6  p.  m.  on  the  day  desig- 
nated. All  persons,  male  and  female,  who  are  qualified  electors  under 
the  laws  of  the  state  shall  be  competent  to  vote  at  such  election. 

Sec.  165.  Ballot — Form  of]  The  ballot  to  be  used  shall  be 
white  paper  and  shall  be  printed  by  authority  of  the  board,  and  have 
printed  upon  it  the  propositions  submitted  to  said  electors.  Said 
proposition  or  propositions  so  printed  on  the  ballot,  shall  be,  as  near  as 
possible,  in  the  following  form: 

1.  Shall  the  board  of  education  of  the  city  of  (giving  the  name 
of  city)  be  authorized  to  issue  bonds  in  the  sum  of  (naming  it)  pay- 
able in  twenty  years  or  less  from  date,  at  a  rate  of  interest  not  to 
exceed  five  per  cent  per  annum,  payable  annually,  for  the  purpose  of 
refunding  the  outstanding  bonded  indebtedness  of  such  school  cor- 
poration? 

2.  Shall  the  board  of  education  of  the  said  city  (naming  it)  be 
authorized  to  issue  bonds  in  the  sum  of  (naming  it)  payable  in  twenty 
years  or  less  from  date,  and  bearing  rate  of  interest  not  to  exceed  five 
cent  per  annum,  payable  annually,  for  the  purpose  of  funding  the  out- 
per  cent,  payable  annually,  for  the  purpose  of  purchasing  suitable  sites 

3.  Shall    the   board   of   education   of   the   city    (naming   it)    be 
authorized  to  issue  bonds  in  the  sum  of  (naming  it)  payable  in  twenty 
years  or  less  from  date,  at  the  rate  of  interest  not  to  exceed  five  per 
cent,  payable  annually,  for  the  purposes  of  purchasing  suitable  sites 
and  for  the  erection  of  suitable  school  buildings? 

4.  .  Shall  the  board  of  education  of  the  city  of    (naming  it)    be 
authorized  to  issue  bonds  in  the  sum  of   (naming  amount)   payable  in 
twenty  years  or  less  from  date,  bearing  a  rate  of  interest  not  to  exceed 


SOUTH  DAKOTA  73 

five  per  cent,  payable  annually,  for  the  purpose  of  erecting  additions  to 
school  houses? 

On  the  ballots  there  shall  be  printed  opposite  each  separate 
proposition  the  words  "yes"  and  "no"  with  squares  before  them.  Any 
elector  desiring  to  vote  for  one  or  more  of  said  proposition  shall  place 
a  cross  in  the  square  opposite  the  word  "yes."  Any  elector  desiring 
to  vote  against  one  or  more  of  said  propositions  shall  place  a  cross  in 
the  square  opposite  the  word  "no." 

Sec.  166.  Board  Canvass  Votes]  After  the  close  of  the  polls  the 
respective  election  boards  shall  canvass  the  votes  cast  and  certify  the 
result  to  the  board  of  education.  The  board  of  education  shall  meet 
within  one  week  after  such  election  and  proceed  to  canvass  the  votes 
cast  in  the  various  wards,  and  the  result  of  the  canvass  must  be  en- 
tered in  the  minutes  of  the  board.  At  such  election  the  proposition  sub- 
mitted must  receive  a  majority  of  the  votes  cast.  If  one  or  more  of 
said  propositions  receive  such  a  majority  the  clerk  must  enter  in  his 
records  the  affidavits  of  publication  of  notice  of  the  election. 

Sec.   167.     Rate  of  Interest  and  Signature  of  Officers  on  Bond] 

The  bonds  when  issued  shall  not  bear  a  higher  rate  of  interest  than 
five  per  cent,  payable  annually.  They  shall  specify  on  their  faces  the 
purpose  for  which  they  are  issued  and  the  time  of  the  election  author- 
izing their  issue;  the  time  and  place  of  payment  which  shall  not  ex- 
ceed twenty  years,  and  the  statement  that  they  are  issued  in  accord- 
ance with  the  provisions  of  this  article.  The  bonds  shall  be  signed  as 
follows:  The  board  of  education  of  the  city  of  (naming  it)  by  (giving 
his  name),  president  of  the  board,  and  attested  by  the  clerk,  with  the 
seal,  and  countersigned  by  the  treasurer  of  said  board.  Each  bond 
so  issued  shall  not  be  less  than  fifty  dollars.  Such  bonds  when  issued 
shall  be  held  to  be  negotiable  securities  any  may  be  issued  payable  to 
order  or  bearer.  The  annual  interest  shall  be  evidenced  by  coupons 
attached  to  the  bonds.  The  coupons  shall  be  signed  and  attested  in 
the  same  manner  as  the  bonds,  but  need  not  be  countersigned  by  the 
treasurer. 

S<T.  168.  Sale  of  Bonds]  Such  bonds  shall  be  sola  at  public 
auction  to  the  highest  bider  for  not  less  than  par.  The  board  of  edu- 
cation shall  cause  at  least  two  weeks'  notice  to  be  published,  stating 
the  time  and  place  where  such  bonds  will  be  offered  for  sale. 

Sec.  169.  Bond  Issue — Limit  of  Tax  Levy  to  Pay]  Any  board 
of  education  of  the  independent  school  district  of  any  city  of  either  of 
the  classes  referred  to  in  Section  161  hereof  shall  not  issue  bonds,  in 
such  sum  which,  with  the  outstanding  indebtedness,  shall  exceed  five 
per  cent  of  the  assessed  valuation  of  the  taxable  property  situated  in 
said  school  district,  except  when  they  are  for  funding  or  refunding  pur- 
poses; but  such  funding  or  refunding  bonds,  with  the  debts  not  funded, 


74  SCHOOL  LAWS 

shall  not  exceed  the  five  per  cent  limit.  Before  any  bonds  are  issued 
and  sold  in  accordance  with  this  article  and  with  the  vote  of  the 
electors  of  said  corporation,  the  said  board  of  education  shall  pass  a 
resolution  providing  for  the  levy  of  an  annual  tax,  which  said  levy 
shall  include  a  sufficient  sum  to  pay  the  annual  interest  on  all  bonds 
issued  under  this  article  and  to  create  a  sinking  fund  of  at  least  three 
per  cent  per  year  of  the  principal  of  such  bonds.  The  interest  and 
sinking  fund  thus  provided  for  shall  be  set  apart  by  the  treasurer  of 
said  corporation  and  shall  not  be  used  for  other  purposes.  The  sink- 
ing fund  shall  be  applied  to  the  payment  of  the  bonds  as  fast  as  enough 
accumulates  to  pay  one  or  more  bonds,  or  for  the  purchase  of  such 
bonds  at  or  below  par;  Provided,  that  such  board  may  at  its  discre- 
tion pay  not  to  exceed  one  year's  interest  in  advance  on  any  bond  to- 
gether with  the  principal,  when  it  deems  such  course  advisable,  and  in 
order  to  retire  the  bonds  as  fast  as  there  is  money  in  the  sinking 
fund.  (Chapter  139,  Session  Laws  1911.) 

Sec.  170.  Interest  Coupons — Payment  of]  Whenever  the  inter- 
est coupons  on  any  bonds  become  due,  they  shall  be  promptly  paid  by 
the  treasurer  on  presentation,  and  he  shall  stamp  them  "paid/'  with 
the  date  of  payment,  and  his  name.  All  bonds  paid  by  him  shall  be 
cancelled  in  the  same  manner  and  filed  with  the  clerk  of  the  board. 

Sec.  171.  Property  Pledged  to  Pay  Bonds]  The  school  property 
and  fund  of  such  school  district  are  hereby  pledged  i'or  the  payment  of 
any  bonds  issued  under  this  article  or  under  provious  laws  that  may 
be  superseded  by  this  article. 

Sec.  172.  Bonds — Registered]  It  shall  be  the  duty  of  the  clerk 
and  treasurer  to  register  each  bond  issued  in  a  suitable  book,  with 
the  name  of  the  purchaser  and  the  names  of  subsequent  holders  when 
known.  Such  book  shall  contain  columns  for  entering  the  payment 
of  the  coupons  and  bonds. 


ARTICLE  X 

Sec.  173.  Bonds  for  School  Districts  Created  by  Special  Act] 
Any  independent  school  district  heretofore  created  and  organized  un- 
der a  special  act  is  hereby  authorized  and  empowered  to  issue  bonds 
for  the  purpose  of  building,  enlarging  or  furnishing  school  houses;  or 
for  purchasing  grounds  on  which  to  locate  the  same,  in  any  amount 
not  exceeding  five  per  centum  of  the  assessed  valuation  of  the  property 
in^the  independent  district,  in  such  manner  as  is  now  provided  for  the 
issuance  of  bonds  for  like  purposes  under  the  provisions  of  the  general 
school  law; 

The  school  corporation  is  a  separate  entity  from  city  organization 
and  city  indebtedness  cannot  be  taken  into  account  in  determining  the 
limit  of  bonded  indebtedness  of  the  school  corporation.  Wilson  v.  Huron 
Bd.  of  Edu..  12  S.  D.  535.  Ins.  Co.  c.  Mead,  13  S.  D.  46. 


SOUTH  DAKOTA  75 

Provided,  however,  that  in  no  case  shall  the  outstanding  indebted- 
ness, together  with  the  bonds  so  issued,  exceed  five  per  centum  of  the 
assessed  valuation  of  the  property  in  said  independent  district. 


ARTICLE  XI 

Cities,  Towns  and  Adjacent  Territory,  Organized  as  Independent  Dis- 
tricts 

174.  All  cities  towns  and  adjacent  territory  organized  as 
independent  school  districts  shall  be  governed  by  the  provisions  of  this 
act. 

Provided,  that  any  city  or  town  organized  under  special  act,  either 
for  civil  government  or  educational  purposes,  may  at  any  time  adopt 
the  provisions  of  this  act  by  a  majority  vote  of  the  electors. 

Provided  further,  that  any  city  or  town,  or  any  unincorporated 
town  or  village,  having  a  population  of  one  hundred  inhabitants  or 
over,  within  a  radius  of  one  mile  from  the  center,  may  adopt  the 
provisions  of  this  act.  In  such  cases  the  county  superintendent  shall, 
upon  petition  of  a  majority  of  the  legal  voters  within  the  proposed 
district,  call  the  first  election  thereof  by  posting  notices  in  not  less 
than  three  of  the  most  public  places  in'  the  district  or  districts  in 
which  said  city  or  town  is  situated,  said  notices  shall  contain  a  full 
description  of  the  boundaries  of  the  proposed  district,  and  also  the 
time  and  place  of  holding  the  election.  If  a  majority  of  the  voters  of 
the  district  or  districts  in  which  the  said  city  or  town  is  situated,  shall 
vote  for  the  incorporation  of  the  said  city  or  town  as  a  corporation 
for  school  purposes,  then  it  shall  be  considered  as  authorized  and 
the  county  superintendent  shall,  without  delay,  publish  notices  for  an 
election  of  officers  of  said  corporation.  Chapter  214,  Session  Laws 
1909.) 

The  boundaries  of  the  school  corporation  thus  formed  must  corres- 
pond to  the  boundaries  of  the  civil  corporation.  Opinion  by  Philo  Hall, 
Attorney  General. 

Any  town  or  village  containing  a  population  of  one  hundred  people 
within  a  radius  of  one  mile  may  adopt  the  provisions  of  this  article, 
whether  it  is  incorporated  or  not.  Opinion  by  S.  "W.  Clark,  Attorney  Gen- 
eral. 

The  boundary  of  the  school  district  to  be  formed  must  correspond  to 
the  boundary  of  the  city,  town  or  village,  and  not  to  the  old  school  dis- 
which  may  consist  of  an  entire  civil  township.  All  territory  out- 
•\,  town  or  village  must  later  be  added  to  the  school  cor- 
poration through  the  provis:  176.  Opinion  by  Royal  C.  Johrf- 
son,  Attorney  General. 

Sec.  174  }£.  In  all  cases  where  any  city,  town  or  village,  now 
organized  and  existing  under  and  by  virtue  of  any  special  charter, 
may  adopt  the  provisions  of  the  general  law  relating  to  cities,  towns' 
or  villages  and  reorganize  under  the  same,  such  reorganization  shall 
in  no  way  limit  or  affect  existing  boundaries  of  any  school  district  of 
which  district  such  reorganized  city,  town  or  village  may  form  a  part, 


76  SCHOOL  LAWS 

and  shall  in  no  way  affect  existing  laws  controlling  or  regulating  such 
school  district.     (Chapter  62,  Session  Laws  1909.) 

Sec.  175.  Whenever  a  new  corporation  is  authorized  and  es- 
tablished as  provided  in  Section  174,  the  County  Superintendent,  the 
President  of  the  Board  of  Education  of  the  district  thus  organized,  and 
the  Chairman  of  the  School  District  superseded  by  the  organization 
of  the  new  district,  shall  constitute  a  committee  of  arbitration  for  the 
purpose  of  adjusting  all  property  interests,  liabilities,  bonds  or  other 
forms  of  indebtedness  between  the  new  corporation  and  the  district 
or  districts  superseded  by  its  formation. 

The  title  to  all  real  and  personal  property  granted  to  the  new 
corporation  by  the  committee  of  arbitration  shall  be  made  over,  trans- 
ferred and  conveyed  to  said  corporation  by  the  district  or  districts  su- 
perseded and  in  which  such  property  was  previously  vested,  upon  order 
of  said  committee.  And  all  personal  property  granted  to  the  said  new 
corporation  shall  be  delivered  to  the  proper  officer  by  those  having  it 
in  charge,  upon  demand,  accompanied  by  the  order  of  the  committee. 
And  the  new  corporation  shall  be  liable  for  and  shall  assume  and 
pay  according  to  their  legal  tenor,  effect  and  obligation,  all 
the  outstanding  debts,  liabilities  and  bonds,  and  the  accrued  interest 
thereon,  of  the  school  district  or  districts  superceded  by  the  new  cor- 
poration, and  the  same  as  if  said  debts,  liabilities  or  bonds,  had 
been  incurred  or  issued  by  said  new  corporation,  and  the  law  which 
authorized  the  superseded  district  or  districts  to  incur  said  liabilities 
and  debts,  or  to  issue  said  bonds,  shall  apply  to  the  new  corporation 
the  same  as  if  it  had  originally  been  authorized  to  incur  or  issue,  and 
had  incurred  and  issued  said  liabilities,  debts  or  bonds.  The  debts, 
liabilities,  and  bonds  shall  be  deemed  in  law  to  be  those  of  the  new 
corporation,  with  the  same  validity  for  securing  and  enforcing  the 
payment  of  the  principal  and  interest  that  they  would  have  against  the 
district  or  districts  that  incurred  or  issued  them. 

That  the  foregoing  provisions  shall  apply  with  equal  force  where 
the  school  organization  superseded  and  its  officers  were  a  part  of  the 
city  government  in  which  the  schools  were  situated. 

It  shall  be  the  duty  of  the  County  Superintendent  to  file  with  the 
County  Auditor  a  correct  plat  showing  the  adjustment  of  district 
boundaries  in  consequence  of  the  formation  and  organization  of  the 
district  as  above  provided. 

§  2.  That  the  foregoing  amendment  shall  apply  with  full 
force  and  effect  to  independent  school  districts  which  were  organized 
prior  to  the  passage  of  this  act  as  if  said  amendment  had  been  passed 
and  was  in  force  previous  to  their  organization.  All  issues  of  bonds 
by  school  districts  prior  to  the  passage  of  this  act,  for  the  purpose  of 
refunding  bonds  of  the  district  or  city  superseded  by  the  new  corpor- 
ation and  all  payments  of  liabilities  and  indebtedness  of  said  district 


SOUTH  DAKOTA  77 

or  city  are  hereby  made  legal  to  the  same  extent  as  though  the 
foregoing  amendment  had  been  in  force  before  any  proceedings  were 
had  for  the  issue  of  said  bonds  or  payment  of  said  liabilities  and  debts. 
Where  any  election  has  been  held  or  other  steps  have  been  taken  or 
proceedings  had  preparatory  to  the  issue  of  bonds  for  the  purpose  of 
refunding  bonds  of  the  district  or  city  superseded  by  the  new  corpora- 
tion, it  shall  be  unnecessary  to  repeat  such  election  or  proceedings  al- 
ready had,  but  the  new  corporation  may  continue  the  proceedings  with 
the  same  force  and  effect  as  though  such  election  or  proceedings  were 
all  had  after  this  amendment  goes  into  effect.  (Chapter  134  Session 
Laws  1911.) 

Sec.  176.  Attachment  of  Territory]  Territory  outside  of  the 
limits  of  any  organized  independent  school  district,  but  adjacent 
thereto,  may  be  attached  thereto,  and  territory  within  the  limits  of 
any  independent  district,  organized  for  school  purposes  and  adjacent 
to  any  school  district  may  be  attached  to  said  school  district,  whether 
said  independent  district  has  been  organized  by  special  act  or  other- 
wise, under  the  following  condition: 

First.  Application  by  written  petition  for  such  change  must 
be  made  by  a  majority  of  resident  electors  desiring  to  have  territory 
attached  to  or  detached  from  any  independent  district. 

I'.y  "majority  of  resident  electors"  is  meant  the  majority  of  the  resi- 
. N nt  eh-etors  of  t!i"  territory  to  be  attached  or  detached.  Opinion  by  Royal 
* '.  .Johnson.  Attorney  General. 

The  petitioners  required  by  this  statute  are  a  majority  of  the  resi- 
dent electors  of  the  adjacent  territory  desiring  to  have  such  territory  an- 
nexed. Opinion  by  Attorney  General,  Royal  C.  Johnson. 

\Yhere  territory  situated  in  one  county  is  to  be  attached  to  a  district 
of  another  'oiinty  the  county  superintendent  of  the  county  in  which  the 
petitioners  i.  side  has  the  power,  authority  and  jurisdiction.  Ind.  School 
let,  Turner  County  v.  School  District  Clay  County,  20  S.  D.  349. 

Second.  Upon  receipt  of  such  petition  the  county  superintendent 
shall  call  a  committee  to  decide  upon  granting  or  reusing  the  peition, 
said  committee  consisting  of  himself,  the  president  of  the  board  of  ed- 
ucation of  said  independent  district  and  the  chairman  of  the  district 
board. 

Third.  The  committee  shall  consider  the  interest  of  the  two  cor- 
porations concerned,  the  convenience  of  the  petitioners  and  the  per- 
manent school  interest,  and  if  they  deem  it  proper,  shall  grant  the 
petition  and  issue  an  order  authorizing  the  attaching  of  such  territory 
to  the  independent  district  or  school  districts  to  which  it  is  adjacent, 
and  if  to  any  adjacent  district  containing  a  city  or  town,  such  order 
shall  specify  to  what  ward  or  wards  such  territory  shall  belong  for 
all  school  purposes; 

Provided,  that  when  territory  has  been  attached  prior  hereto  the 
board  of  edm-atioii  shall  at  any  regular  meeting  determine  to  what 
ward  or  wards  such  territory  shall  belong  for  all  school  purposes. 

Fourth.  The  committee  shall  also  have  power  to  adjust  all  prop- 
erty interests  involved  in  the  change  which  concerns  the  two  corpora- 


78  SCHOOL  LAWS 

tions  interested.  Before  the  issuance  of  an  order  authorizing  the 
change,  they  shall  make  an  equitable  adjustment  of  any  question  of 
indebtedness  involved. 

Fifth.  A  record  of  the  decisions  of  the  committee  shall  be  trans- 
mitted to  the  clerks  of  the  school  board  and  board  of  education  inter- 
ested, for  record,  and  a  copy  forwarded  to  the  county  auditor  by  the 
superintendent. 

Sixth.  Such  territory  shall,  from  the  date  of  the  order  authoriz- 
ing such  change,  be  considered  a  part  of  the  independent  district,  of 
said  school  district; 

Provided,  that  such  order  shall  not  be  issued  until  after  the  action 
and  decisions  of  the  committee  are  recorded  by  the  board  of  education 
and  the  district  school  board. 

The  taxable  property  of  all  such  adjacent  territory  shall  be  sub- 
ject to  taxation  and  bear  its  proportion  of  expenses  incurred,  in  the 
erection  of  school  buildings  and  maintaining  the  schools  of  such  cor- 
poration; 

Provided,  that  territory  more  than  two  miles  from  the  limits  of 
such  city  or  town  shall  not  be  considered  adjacent  territory  to  which 
the  provisions  of  this  section  may  apply  unless  the  electors  of  such 
territory  shall  unanimously  petition  to  be  thus  attached  and  consid- 
ered as  adjacent  territory; 

The  school  board  of  an  independent  school  district  cannot  bo  held  to 
have  had  no  jurisdiction  to  attach  adjacent  territory  to  the  district  for 
the  purpose  of  education,  on  a  petition  of  a  majority  of  such  territory 
from  the  mere  fact  that  the  extreme  boundary  is  over  two  miles  form  the 
limits  of  the  district.  Redfield  School  District  No.  12  v.  Redfield  Ind.  Dis- 
trict No.  20,  14  S.  D.  229. 

Territory  from  an  independent  district  in  one  county  may  be  detached 
;iinl  attached  to  a  district  in  another  county.  Ind.  Dist.  No.  2  v.  District 
No.  37,  106  N.  W.  302. 

Provided,  further,  that  when  an  independent  school  district  con- 
taining an  incorporated  city  or  town  is  situated  so  near  the  center  of  a 
civil  or  congressional  township  as  to  leave  a  fraction  of  said  civil  or 
congressional  township  impracticable  or  inconvenient  for  school  pur- 
poses, after  attaching  adjacent  territory  to  said  independent  school 
district,  to  the  two  miles'  limit  as  provided  by  law,  then  in  that  case 
the  committee  provided  for  in  this  act  may,  upon  a  petition  of.  the 
majority  of  the  electors  of  such  civil  or  congressional  township  attach 
the  surrounding -territory  and  make  the  independent  district  to  con- 
form to  the  civil  or  congressional  township  line  for  school  purposes 
only,  and  in  such  cases  the  committee  may  by  a  majority  vote  thereof, 
upon  the  petition  of  two-thirds  of  the  electors  of  such  surrounding 
territory,  and  two-thirds  of  the  electors  of  such  independent  district, 
issue  its  order  attaching  such  surrounding  territory  to  such  independ- 
ent district  as  aforesaid  and  all  foregoing  provisions  shall  apply  to 
such  actions  of  said  committee  except  that  said  orders  shall  go  into  ef- 
fect at  the  expiration  of  thirty  days  from  the  date  thereof,  and  it  shall 
not  be  necessary  that  the  actions  and  decisions  of  such  committee  be 


SOUTH  DAKOTA  79 

ratified  by  the  district  school  board  or  board  of  education  before  the 
issuance  or  going  into  effect  of  such  order. 

Seventh.  An  appeal  may  be  taken  from  any  decision  of  the  com- 
mittee by  any  or  all  the  petitioners  or  by  any  of  the  school  districts 
interested,  to  the  circuit  court  of  the  county  in  which  the  territory 
proposed  to  be  annexed  or  detached  is  situated,  upon  notice  in  writing 
to  the  other  interested  parties,  that  is,  to  the  committee  and  school 
boards  and  boards  of  education  interested  and  the  petitioners,  as  the 
case  may  be,  by  service  upon  any  member  of  the  committee,  upon  any 
member  of  each  of  the  school  bords  and  boards  of  education  interested 
and  upon  any  one  of  the  petitioners  and  upon  filing  a  bond  in  the  office 
of  the  clerk  of  the  circuit  court  in  the  sum  of  two  hundred  and  fifty 
dollars,  with  at  least  two  sureties  to  be  approved  by  the  clerk  of  the 
circuit  court,  conditioned  that  appellant  will  pay  all  costs  therein  that 
may  be  adjudged  against  him.  Proof  of  the  service  of  said  notice  of 
appeal,  by  affidavit,  shall  be  filed  with  the  clerk  of  said  circuit  court; 
after  the  filing  of  the  bond  for  costs  and  proof  of  service  of  the  notice 
of  appeal  in  the  office  of  the  clerk  of  the  circuit  court,  the  committee 
shall  within  five  days  transmit  to  the  clerk  of  the  circuit  court  the 
petition,  and  decision  of  the  committee,  and  all  original  papers  in 
the  matter  in  controversy.  Said  committee  may  be  compelled  by  said 
circuit  court  by  an  order  entered  upon  motion  to  transmit  such  de- 
cision and  petition  and  original  papers,  and  may  be  fined  for  neglect 
or  refusal  to  transmit  the  same.  The  clerk  of  the  circuit  court  shall 
receive  and  file  said  papers  and  docket  the  same  in  the  manner  as  on 
appeals  from  justice  court,  and  shall  receive  the  same  fees  therefor. 
The  matter  shall  be  tried  anew  in  the  circuit  court,  and  the  parties 
appealing  to  be  designated  and  be  the  parties  plaintiff,  and  the  other 
parties  interested  the  parties  defendant.  The  action  shall  stand  for 
trial  at  the  term  of  the  circuit  court  next  convening  after  the  filing  of 
the  bond  and  notice  of  appeal  in  the  office  of  the  clerk  of  the  circuit 
court.  No  note  of  issue  or  notice  of  trial  need  be  served.  The  same 
proceeding  shall  be  had  as  in  any  civil  action,  and  all  judgments,  or- 
ders, or  decisions  made  therein  shall  be  valid,  mandatory,  and  enforce- 
able as  by  law  provided  for  judgments  or  orders  in  any  civil  action. 

Sec.  177.  School  District  a  Body  Corporate]  Every  district  or- 
ganized under  the  provisions  of  this  article  shall  be  a  body  corporate, 
and  shall  posses  the  usual  powers  of  corporation  for  public  purposes, 
and  may  sue  and  be  sued,  and  be  capable  of  contracting  and  being 

acted  with,  and  of  taking  and  holding  any  land  for  a  school  site, 
not  exceeding  two  acres  chosen  by  the  board  of  education  at  a  regular 
meeting  of  said  board,  and  in  case  the  owner  or  owners  of  said  land, 
or  any  part  thereof,  shall  refuse  or  neglect  to  grant  such  site  to  the 
district,  then  said  district  shall  have  power  to  take  such  land  for  said 
site  in  the  manner  provided  by  law  for  the  taking  of  private  property 
for  public  use.  And  shall  have  power  to  hold  and  convey  such  per- 
sonal or  real  property  as  it  may  at  any  time  possess.  All  actions 


80  SCHOOL  LAWS 

brought  by  or  against  such  corporation  shall  be  in  the  name  of  the 

board  of  education  of  said  independent  district  of  the  county  of 

of  the  state  of  South  Dakota. 

This  section  does  not  limit  the  amount  of  land  that  can  be  held  by  a 
district,  but  only  the  amount  that  can  be  taken  by  condemnation  pro- 
ceedings. Opinion  by  Royal  C.  Johnson,  Attorney  General. 

Sec.  177a.  Any  independent  school  district  heretofore  created 
and  organized  under  a  special  act  is  hereby  authorized  and  empowered 
to  take  and  hold  any  land  for  a  school  site,  not  exceeding  two  acres 
chosen  by  the  Board  of  Education  at  a  regular  meeting  of  said  Board, 
and  in  case  the  owner  or  owners  of  said  land,  or  any  part  thereof, 
shall  refuse  or  neglect  to  grant  such  site  to  the  district,  then  said  dis- 
trict shall  have  power  to  take  such  land  for  said  site  in  the  manner 
provided  by  law  for  the  taking  of  private  property  for  public  use. 
(Chapter  172,  Session  Laws  1915.) 

Sec.  178.  Shall  Maintain  School  Not  Less  Than  Six  Nor  More 
Than  Ten  Months]  Each  corporation  organized  under  this  article 
shall  maintain  a  system  of  free  common  schools  which  shall  be  kept 
open  not  less  than  six  nor  more  than  ten  months  in  any  one  year 
and  shall  be  free  to  all  children  of  legal  school  age  residing  within 
such  corporation. 

Sec.  179.  In  all  school  districts  organized  under  this  article 
there  shall  be  a  board  of  education  consisiting  of  five  members  elected 
at  large  by  the  qualified  electors  thereof  who  shall  be  elected  in  the 
year  1908,  two  for  a  term  of  one  year  two  for  a  term  of  two  years  and 
one,  for  a  term  of  three  years.  Every  year  thereafter  there  shall  be 
elected  each  for  a  term  of  three  years  two  members  of  such  board 
except  in  years  which  are  divisible  by  three  when  one  member  shall  be 
elected  and  each  shall  serve  till  his  successor  is  elected  and  qualified. 
Provided,  that  no  member  of  the  city  council  or  board  of  trustees 
shall  be  a  member  of  the  board  of  education. 

While  it  would  be  better  if  the  county  superintendent  should  not  be 
a  member  of  the  board -of  education,  yet  there  is  nothing  prohibiting  him 
from  being  a  member,  but  he  cannot  serve  as  the  president  of  the  board. 
Opinion  by  Philo  Hall,  Attorney  General. 

Sec.  180.  The  school  election  shall  be  held  on  the  third  Tuesday 
of  June,  between  the  hours  of  nine  o'clock  in  the  forenoon  and  five 
o'clock  in  the  afternoon  of  that  day,  and  no  longer.  Notice  if  such 
election  shall  be  given  by  the  clerk  of  such  district,  by  publication  in 
a  newspaper,  if  one  shall  be  published  within  such  district,  and  by 
posting  such  notices  in  five  of  the  most  public  places  in  such  district, 
at  least  ten  days  before  such  election,  a  list  of  the  officers  to  be  elect- 
ed to  be  designated  in  such  notices,  as  well  as  the  place  where  and 
the  time  when  such  election  will  be  held.  At  this  election  there  shall 
be  elected  members  of  the  board  of  education  as  provided  herein, 
and  a  treasurer  of  the  board  of  education  who  shall  be  elected  in  the 
year  1908  and  every  three  years  thereafter  for  a  term  of  three  years, 


SOUTH  DAKOTA  81 

and  he  shall  hold  his  office  until  his  successor  is  elected  and  qualified. 
(.Chapter  45,  Session  Laws  1909.) 

The   treasurer  cannot   he  a    memher  of  the   l)oard  of  education.      Opinion 
h\     Uoyal   C.    .Johnson.    Attorney    General 

Sec.  108a.  That  all  elections  of  members  of  the  board  of  educa- 
tion of  independent  school  districts  in  cities  organized  under  the  pro- 
visions of  Chapter  86  of  the  Laws  of  1907  as  amended  by  Chapter  97 
of  the  laws  of  1911  which  have  been  held  on  the  third  Tuesday  in 
June  instead  of  at  the  regular  annual  municipal  election  in  April,  as 
required  under  the  terms  of  said  statute,  are  hereby  rendered  and  de- 
flared  legal  and  valid,  and  the  terms  of  office  of  the  said  members  of 
such  boards  of  education  under  such  elections  shall  be  of  the  same 
force,  effect  and  duration  as  if  regularly  elected  under  the  provisions 
of  said  law,  and  all  of  the  proceedings  of  said  boards  of  education, 
and  agreements  and  contracts  entered  into  by  such  boards  of  educa- 
tion, be  and  hereby  are  declared  legal  and  valid  to  the  same  effect  as 
if  all  of  the  members  of  such  boards  of  education  had  been  regularly 
elected  according  to  law.  ( Chapter  4,  Session  Laws  1913.) 

Section  181.  (1)  Notice  of  Election]  Not  less  than  ten  days 
before  any  annual  or  other  school  election,  the  secretary  of  the  board 
shall  cause  notices  to  be  posted  in  public  places  distributed  through- 
out the  district  and  shall  state  therein  the  officers  to  be  elected,  with 
terms  of  each,  and  questions  to  be  submitted  at  such  election. 

Such  notices  shall  also  be  published  in  some  newspaper  at  least 
three  times,  beginning  not  less  than  ten  days  prior  to  said  election. 
At  this  election  there  shall  be  elected  members  of  the  board  of  educa- 
tion, as  provided  by  law,  and  a  treasurer  of  the  board  of  education, 
who  shall  be  elected  in  the  year  1911  and  every  three  years  thereafter 
for  a  term  of  three  years,  and  he  shall  hold  his  office  until  his  succes- 
sor is  elected  and  qualified. 

(2)  Nominations  for  School  Offices]  Candidates  for  school  of- 
fices shall  be  nominated  by  filing  with  the  secretary  of  the  board  of 
education  not  earlier  than  the  fifteenth  day  of  May  nor  later  than  the 
first  day  of  June,  certificates  of  nomination  for  the  office  to  be  filled. 
Such  certificates  shall  be  in  writing,  shall  contain  the  name  of  the  can- 
didate, his  residence,  business  address,  and  the  office  for  which  he  is 
named,  and  must  be  signed  by  twenty  or  more  qualified  electors  of  the 
school  district. 

Each  elector  signing  a  certificate  of  nomination  shall  add  to  his 
signature  his  place  of  residence,  his  business  and  his  postoffice  ad- 
dress, and  shall  declare  that  he  has  not  joined  in  nominating  any  other 
person  for  the  office  to  be  filled.  Such  signatures  need  not  all  be  ap- 
pended to  one  paper.  No  certificate  of  nomination  shall  contain  the 
name  of  more  than  one  candidate  for  any  office  to  be  filled,  but  each 
elector  may  sign  as  many  certificates  as  there  are  officers  to  be  elected 
for  a  particular  term  of  office. 


82  SCHOOL  LAWS 

(3)  No  Party  Designation]      In  order  to  separate  party  politics 
so  far  as  possible  from  school  affairs,  no  descriptive  word,  words,  or 
symbol  to  designate  the  party  or  principle  of  any  nominee,  shall  ap- 
pear on  the  certificate  of  nomination,  or  be  used  or  printed  on  the 
ballot. 

(4)  Withdrawal  from  Nomination]     Any  person  whose  name  has 
been  filed  as  a  candidate  may  cause  his  name  to  be  withdrawn  from 
nomination  by  request  in  writing  signed  by  himself  and  properly  ac- 
knowledged  and   filed   with   the  secretary   of  the  board   at  least  five 
days  prior  to  the  day  of  election;  and  no  names  so  withdrawn  shall  be 
printed  on  the  ballots  to  be  used. 

(5)  Publication  of  Nominees]      The  secretary  shall  cause  to  be 
published  in  one  or  more  newspapers,,  published  in  the  county,  at  least 
four  days  before  the  day  of  election,  all  nominations  certified  to  him 
under  the  provisions  of  this  article. 

(6)  Ballots,   Etc]      The   secretary   shall    provide   proper   ballots 
similar  in  form  to   those  authorized  by  law   for  municipal   elections, 
except  as  to  party  affiliation,  on  which  shall  be  printed  the  names  of 
the  candidates  for  the  respective  offices,   each  being  given  a  position 
for  each  office  in  the  order  of  the  priority  of  the  filing  of  their  nomi- 
nating certificates.     The  secretary  shall  provide  the  voting  booths  re- 
quired by  law  in  each  polling  place  and  such  supplies,  poll  books,  sta- 
tionery, etc.,  as  may  be  necessary. 

(7)  Conduct  of  Election]      Polling  places  shall  be  provided  with 
separate  booths  for  each  150  electors,  and  boards  of  education  in  cities 
of  the  first  and   second    class   and   in   cities    under   commission,   shall 
provide  polling  places  in  each   ward  thereof  for  all   electors  residing 
within  the  limits  from  which  the  children  are  required  to  attend  at 
said -school  house,  and  two  judges  and  one, clerk  shall  be  appointed 
by  the  Board  of  education,  who  shall  conduct  said  election  in  accord- 
ance with  the  general  election  laws  of  the  state  as  applied  to  muni- 
cipal elections,  except  as  provided  in  this  article. 

Provided,  that  if  the  legal  candidates  do  not  exceed  in  number 
the  offices  to  be  filled,  the  board  of  education  may  designate  a  less 
number  of  polling  places  at  their  discretion. 

The  polls  shall  be  kept  open  between  the  hours  of  12  o'clock  noon 
and  5  o'clock  in  the  afternoon  and  no  longer.  The  compensation  of 
the  officers  of  election  shall  be  fixed  by  the  Board  and  paid  from  the 
district  treasury. 

(8)  Returns  of  Election]      The  returns  from  said  election  shall 
be  certified  by  the  officers  in  each  polling  place,  and  the  ballots,  prop- 
erly sealed   in   ballot   boxes,    together   with   the   poll   books,   shall   be 
placed  forthwith  in  the  custody  of  the  secretary  of  the  board,  who  shall 
keep  said  ballot  boxes  inviolate  for  at  least  thirty  days  after  the  can- 
vass of  the  returns. 

(9)  Canvass  of  Returns]      The  results  of  said  election  shall  be 


SOUTH  DAKOTA  83 

canvassed  and  declared  by  the  board  of  education  at  the  next  regular 
meeting   thereof,   and   certificates   of   election   shall   be   issued   by   the 
Tary  of  the  board  to  the  successful  candidates.     (Chapter  133  Ses- 
sion Laws  1911.) 

Sec.  182.  Vacancy  Filled  by  Board]  The  board  of  education 
shall  have  power  to  fill  any  vacancy  for  the  uriexpired  term  which  may 
occur  in  their  body; 

Provided,  that  any  vacancy  occurring  more  than  thirty  days  pre- 
vious to  the  annual  election  shall  be  filled  at  the  first  annual  election 
thereafter.  Any  vacancy  in  the  office  of  treasurer  shall  be  filled  by  the 
board  of  education  by  appointment.  Said  appointee  shall  not  be  a 
member  of  said  board. 

1   of  education  has   power  to   fill  any   vacancies   in  their  body. 
;ring   more   than   thirty    days   previous    to    the   date   of  annual 
.»n   must  be  filled  by  election  at  the  next  election,   while  vacancies  oc- 
ruring-   less   than    thirty    days   before    the   date   of   election   are   filled    by    ap- 
pointment.    Opinion  by  Royal  C.   Johnson,  Attorney  General. 

Sec.  183.  .  The  board  of  education  at  its  first  regular  meeting  in 
July  of  each  year  following  their  election  shall  organize  by  the  election 
of  a  president  and  vice  president,  each  of  whom  shall  serve  for  a  term 
of  one  year;  and  at  their  regular  meeting  in  July  each  year  they  shall 
also  elect  a  clerk,  not  a  member  of  the  board,  who  shall  receive  such 
compensation  for  his  services  as  the  board  may  allow;  the  members  of 
the  board  of  education  shall  receive  no  compensation. 

Provided,  that  in  districts  newly  organized  under  this  article,  the 
board  shall,  within  thirty  days  after  their  election,  proceed  to  organize 
and  elect  officers  as  aforesaid,  who  shall  serve  until  the  time  of  the 
next  regular  annual  meeting. 

Sec.  184.  Oatli  of  Members  and  Other  Officers]  Each  member 
of  the  board  of  education  and  officer  provided  for  in  this  article  shal! 
take  and  subscribe  an  oath  or  affirmation  to  support  the  constitution 
of  the  United  States,  and  the  state  of  South  Dakota,  and  faithfully 
to  perform  the  duties  of  his  office. 

18.1.  Bond  of  Clerk  and  Treasurer]  Before  entering  upon 
the  discharge  of  his  duties,  the  clerk  of  the  board  of  education  shall 

a  bond  in  the  sum  to  be  fixed  by  the  board,  not  less  than  Five 
Hundred  Dollars,  with  good  and  sufficient  sureties,  to  be  approved  by 
the  board. 

The  treasurer  shall  execute  a  bond  in  such  sum  as  that  body  may 
require,  with  sufficient  sureties  to  be  approved  by  the  board,  con- 
ditioned for  the  faithful  discharge  of  his  duties  as  treasurer  of  such 
board. 

The  oath  and  bond  of  the  clerk  shall  be  filed  with  the  treasurer. 
All  other  oaths  and  bonds  shall  be  filed  with  the  clerk,  except  the  bond 
of  the  treasurer,  which  shall  be  recorded  at  length  by  the  clerk,  and 
by  him  filed  in  the  office  of  the  county  auditor  of  the  county  wherein 


84  SCHOOL  LAWS 

said  independent  school  district  is  situated.      (Chapter   186,      Session 
Laws  1913.) 

Sec.  186.  Meetings  of  the  Board]  The  regular  meetings  of  the 
board  of  education  shall  be  upon  the  last  Friday  of  each  month,  but 
may  in  the  discretion  of  the  board  be  on  the  second  Friday  also  and 
special  meetings  may  be  held  from  time  to  time  as  circumstances  may 
demand. 

Sec.  187.  It  shall  be  the  duty  of  the  president  to  appoint  all  com- 
mittees and  to  contersign  all  warrants  drawn  upon  the  treasury  for 
school  money.  It  shall  be  the  duty  of  the  clerk  to  be  present  at  all 
meetings  of  the  boad,  keep  an  accurate  journal  of  its  proceedings, 
take  charge  of  its  books  and  documents,  sign  all  warrants  for  school 
money,  and  perform  such  other  duties  as  the  board  may  require. 

Sec.  188.  Report  of  Clerk]  The  clerk  of  the  board  of  education 
at  the  close  of  each  school  year  shall  make  an  annual  report  of  the  con- 
dition, financial  as  well  as  educational  of  all  the  schools  of  the  corpora- 
tion, a  copy  of  which  shall  be  sent  to  the  county  superintendent.  Said 
report  or  such  portion  of  it  as  the  board  of  education  shall  considere 
advantageous  to  the  public  shall  be  printed  in  a  public  newspaper  or 
in  pamphlet  form. 

Sec.  189.  Report  of  Treasurer]  The  treasurer  shall  prepare 
and  submit  in  writing  a  monthly  report  of  the  state  of  the  fiannces  of 
the  corporation  and  shall  when  required  produce  at  any  meeting  of 
the  board  all  books  and  papers  pertaining  to  his  office.  He  shall  pay 
money  only  upon  a  warrant  signed  by  the  president,  or  in  his  absence 
the  vice  president,  and  countersigned  by  the  clerk. 

The  general  trend  of  the  law  contemplates  an  annual  report  by  the 
treasurer  of  independent  districts  to  the  county  superintendent,  which  re- 
port must  agree  in  all  details  with  the  financial  report  of  the  clerk,  the 
;ic;Mira<-y  of  which  is  determined  by  the  county  superintendent.  Opinion  by 
At  tor  "icy  General  Royal  C.  Johnson. 

The  treasurer  of  an  independent  district  must  make  report  to  the 
county  superintendent  at  the  close  of  the  fiscal  year,  in  the  same  manner 
as  treasurer's  of  common  school  districts  as  are  required  in  Sections  126, 
127  and  128.  Opinion  by  Royal  C.  Johnson,  Attorney  General. 

189a.  The  board  of  education  or  school  board  of  each 
organized  school  district,  whether  organized  under  special  char- 
ter or  as  an  independent  school  district,  or  otherwise,  is  hereby  requir- 
ed to  publish  in  that  newspaper  published  nearest  to  the  geographical 
center  of  such  school  district,  such  paper  to  be  selected  by  the  district 
board,  a  statement  of  the  receipts  and  expenditures  of  such  district 
within  twenty  days  after  the  end  of  each  fiscal  year,  which  said  state- 
ment shall  include  the  amount  of  money  received,  amount  paid  for 
teachers,  repairs  and  incidentals,  the  amount  on  hand  and  in  what 
bank  deposited.  Such  statement  shall  be  published  annually  in  two 
consecutive  issues  of  such  newspaper,  and  the  cost  of  such  publication 
shall  be  paid  for  out  of  the  general  fund  of  such  district.  (Chapter  173, 
Session  Laws  1915.) 


SOUTH  DAKOTA  85 

Src.    100.      (;ra<l<Ml    and    High    School    May    be    Organized]      The 

board  of  education  shall  have  power  to  organize  and  maintain  a  sys- 
tem of  graded  schools,  to  establish  a  high  school  whenever,  in  their 
opinion,  the  interest  of  the  school  corporation  demand  the  same,  and 
to  exercise  sole  control  over  the  school  and  school  corporation. 

Sec.  191.  Tax  Lovy]  The  board  of  education  shall  on  or  before 
the  fifteenth  day  of  August  of  each  year  levy  a  tax  for  the  support  of 
the  schools  of  the  corporation  for  the  fiscal  year  next  ensuing  not  ex- 
ceeding in  any  one  year  twenty-five  mills  on  the  dollar  on  all  personal 
and  real  property  within  the  district  which  is  taxable  according  to  the 
laws  of  the  state,  and  which  levy  the  clerk  of  the  board  of  education 
shall  certify  to  the  county  auditor,  who  is  hereby  authorized  and  re- 
quired to  place  the  same  on  the  tax  roll  of  said  county  as  the  taxes  of 
the  county  and  paid  over  by  him  to  the  treasurer  of  the  board  of  edu- 
cation, of  whom  he  shall  take  a  receipt  in  duplicate,  one  of  which  he 
shall  file  in  his  office  and  the  other  he  shall  transmit  to  the  clerk  of 
the  board  of  education.  "And  such  receipt  shall  show  the  proportion- 
ate amounts  belonging  to  the  several  funds  of  said  board  of  education, 
apportioned  by  the  treasurer  thereof  according  to  the  relative  amounts 
levied  by  such  board  for  the  current  year." 

Sec.  192.  Taxable  Property]  The  taxable  property  of  the  whole 
corporation,  including  the  territory  attached  for  school  purposes,  shall 
be  subject  to  taxation. 

Sec.  193.  Error  in  Tax  List  Corrected]  Whenever  an  error  oc- 
curs in  any  school  corporation  or  district  tax  list  ,  the  board  of  county 
commissioners  may  correct  and  refund  such  improper  collection  of 
school  taxes  the  same  as  for  other  county  taxes. 

Sec.  194.  Bonds]  Whenever  it  shall  become  necessary  in  order 
to  raise  sufficient  funds  for  the  purchase  of  a  school  site  or  sites,  to 
erect  suitable  building  or  buildings  thereon,  or  to  fund  a  bonded  in- 
debtedness or  any  outstanding  indebtedness,  it  shall  be  lawful  for  the 
board  of  education  of  every  corporation  coming  under  the  provisions 
of  this  article  to  borrow'  money  for  which  they  are  hereby  authorized 
and  empowered  to  issue  bonds  bearing  a  rate  of  interest  not  exceed- 
ing seven  per  cent  per  annum,  payable  annually,  or  semi,  annually,  at 
such  places  as  may  be  mentioned  upon  the  face  of  said  bonds,  which 
bonds  shall  be  payable  in  not  more  than  twenty  years  from  their  date, 
and  the  board  of  education  is  hereby  authorized  and  empowered  to 
sell  such  bonds  at  not  less  than  par. 

Provided,  that  no  bonds  shall  be  issued  until  the  question  shall 
be  submitted  to  the  people  and  a  majority  of  the  qualified  electors 
who  shall  vote  on  the  question  at  an  election  called  for  that  purpose 
shall  have  declared  by  their  votes  in  favor  of  issuing  such  bonds. 

Provided,   that  the  provisions  of  this  section  shall  not  apply  to 


86  SCHOOL  LAWS 

cities  of  the  first  class  as  the  same  are  provided  for  by  article  9  of  this 
chapter. 

Sec.  195.  Notice  of  election  for  the  purpose  of  taking  the  sense 
of  the  school  corporation  upon  the  question  of  issuing  bonds  shall  be 
given  by  the  Board  of  Education,  signed  by  the  President  and  Clerk 
of  said  Board,  by  publishing  the  same  two  successive  weeks  next  prior 
to  the  date  of  holding  said  election,  in  a  newspaper  printed  and  pub- 
lished in  said  school  dstrict  and  if  no  newspaper  is  printed  and  pub- 
lished therein,  notice  shall  be  given  by  posting  copies  of  the  same  in 
three  of  the  most  public  places  within  such  school  district  at  least  ten 
days  prior  to  such  election;  said  notice  shall  state  the  time  and  place 
of  such  election,  the  amount  of  bonds  asked  for  and  the  purpose  Tor 
which  they  are  to  be  issued,  and  said  election  shall  be  conducted  the 
same  as  other  school  elections  in  such  school  district.  (Chapter  178, 
Session  Laws  1915.) 

Sec.    196.      Bonds   Signed   by   President  and   Attested   by   Clerk] 

The  bonds,  the  issuing  of  which  is  provided  for  in  the  foregoing  sec- 
tion shall  be  signed  by  the  president,  attested  by  the  clerk,  and  coun- 
tersigned by  the  treasurer  of  the  board  of  education,  and  said  bonds 
shall  specify  the  rate  of  interest,  and  the  time  when  the  principal  and 
interest  shall  be  paid,  and  each  bond  so  issued  shall  be  for  a  sum  no't 
less  than  fifty  dollars,  but  no  corporation  shall  issue  bonds  in  pur- 
suance of  this  act  in  any  sum  (including  other  indebtedness)  exceeding 
five  per  cent  of  its  assessed  valuation. 

Sec.  197.  Tax  Levy  to  Pay  Bond  and  Interest]  The  board  of 
education  at  the  time  of  its  annual  levy  of  taxes  for  the  support  of 
schools  as  herein  provided  shall  also  levy  a  sufficient  amount  to  pay 
the  interest  as 'the  same  accrues  on  all  bonds  issued  under  the  provi- 
sions of  this  article,  and  also  to  create  a  sinking  fund  for  the  redemp- 
tion of  said  bonds  which  it  shall  levy  and  collect  in  addition  to  the 
rate  per  cent  authorized  by  the  provisions  aforesaid  for  school  pur- 
poses and  said  amount  of  funds  when  paid  into  the  treasury  shall  be 
and  remain  a  specific  fund  for  said  purposes  only  and  shall  not  be  ap- 
propriated in  any  other  way  except  as  hereinafter  provided. 

Sec.  198.  Bonds  Issued  Hereafter]  Any  school  district  which 
shall  hereafter  issue  bonds  shall  at  or  before  the  time  of  so  doing  pro- 
vide for  the  levy  of  an  annual  tax  sufficient  to  pay  the  interest  and 
principal  when  due,  and  such  levy  shall  be  irrepealable  until  such 
debt  is  paid; 

Provided,  that  such  levy  shall  not  exceed  fifteen  per  cent  in  any 
one  year  of  the  debt  to  be  paid.  All  money  raised  for  the  purpose  of 
creating  a  sinking  fund  for  the  final  redemption  of  all  bonds  issued 
under  the  provisions  of  this  article  shall  be  invested  annually  by  the 
board  of  education  in  bonds  of  the  state  of  South  Dakota  or  pf  the 


SOUTH  DAKOTA  87 

United  States,  or  the  board  may  buy  and  cancel  the  bonds  of  the  dis- 
trict whenever  such  may  be  purchased  at  or  below  par,  or  to  purchase 
its  outstanding  registered  warrants  that  will  be  paid  prior  to  the  time 
such  bonds  will  become  due. 

Wilson  v.   Board  of  Education,   12  S.  D.   535. 

Sec.  199.  Interest  Coupons]  Whenever  the  interest  coupons  of 
the  bonds  hereinbefore  authorized  shall  become  due,  they  shall  be 
promptly  paid  by  the  treasurer,  upon  presentation,  out  of  money  in  his 
hands  collected  for  that  purpose  and  he  shall  endorse  upon  the  face 
of  such  coupons  in  red  ink  the  word  "Paid"  and  the  date  of  payment, 
and  sign  the  initials  of  his  name. 

Sec.     200.      School     Property    Pledged     for    Indebtedness]      The 

school  fund  and  property  of  such  civil  corporation  and  territory  at- 
tached for  school  purposes  is  hereby  pledged  for  the  payment  of  the 
principal  and  interest  of  the  bonds  mentioned  in  this  article  as  the 
same  may  become  due. 

Sec.  201.  Bond  and  Warrants  Registered]  It  shall  be  the  duty 
of  the  clerk  of  the  board  of  education  to  register  in  a  book  provided 
for  that  purpose  the  bonds  issued  under  the  provisions  of  this  article, 
and  all  warrants  issued  by  the  board,  which  registration  shall  show 
the  number,  date  and  amount  of  said  bonds  and  warrants  and  to  whom 
made  payable. 

Sec.  202.  Expenditures  of  Funds  Regulated]  No  expenditure 
involving  an  amount  greater  than  one  hundred  dollars  shall  be  made 
except  in  accordance  with  the  provisions  of  a  written  contract,  and  no 
contract  involving  the  expenditure  of  more  than  five  hundred  dollars 
for  the  purpose  of  erecting  any  public  building  or  making  any  improve- 
ments shall  be  made  except  upon  sealed  proposals  and  to  the  lowest 
responsible  bidder. 

Sec.  203.  IVo  Sectrarian  Doctrine]  No  secearian  doctrine  may 
be  taught  or  inculcated  in  any  of  the  schools  of  the  corporation,  but 
the  Bible  without  sectarian  comment,  may  be  read  therein. 

;:irian  school  defined.      Synd.  of  Dakota  v.  State,   1'  S.   I  >.  366. 

Sec.  204.  Examining  Committee  in  Cities]  The  board  of  edu- 
cation in  cities  of  the  first  and  second  class  at  such  times  as  they  shall 
deem  expedient,  shall  elect  a  superintendent  of  schools,  in  no  case  a 
member  of  their  own  body,  whose  duty  it  shall  be  to  have  a  general 
supervision  of  the  schools  of  the  corporation,  subject  to  the  rules  and 
regulations  of  the  board,  who  shall  hold  his  office  during  the  pleasure 
of  the  board  and  shall  receive  such  compensation  as  the  board  may 
allow. 

Tin--  assistant  superintendent  or  assistant  principal  is  bound  to  follow 
reasonable  requirements  and  to  perform  reseasonable  duties  assigned  by 
superintendent  or  principal.  Murn>\v  v.  Chamberlain  Bd.  of  Edu.,  7  S.  D. 
553. 


88  SCHOOL  LAWS 

The  board  shall  also  appoint  two  competent  persons,  who  with 
the  superintendent  as  chairman,  shall  be  styled  the  examining  com- 
mittee of  the  board  of  education. 

Provided,  that  the  examining  committees  in  cities  of  the  first  class 
shall  have  the  power  to  examine  teachers  for  their  own  schools  and  to 
issue  certificates  authorizing  persons  to  teach  therein  in  accordance  with 
rules  fixing  the  conditions  for  issuance  of  such  certificates  as  may 
be  adopted  by  the  board  of  education;  and  such  certificate  shall  be  the 
sole  license  required  by  law  to  teach  in  such  cities.  Provided,  that  the 
examination  papers  and  certified  copies  of  credentials  upon  which  such 
certificates  were  issued  shall  be  kept  on  file  in  the  office  of  the  clerk  of 
the  beard  of  education. 

Teachers  employed  in  cities  of  the  first  class  do  not  need  to  be  the 
holders  of  other  certificates  than  those  issued  by  the  special  examining' 
committees.  Cities  of  the  first  class  are  those  having  a  population  of 
lO.O'O'O  or  more.  Opinion  by  Attorney  General  Clarence  C.  Caldwell. 

Tiie  principal  or  superintendent  or  schools  of  ail  independent  dis- 
tricts employing  such  officer,  and  in  fcuch  independent  districts  as  do 
not  employ  such  an  officer,  the  county  superintendent  alone,  shall  ex- 
amine all  teachers  employed  to  teach  in  the  schools  of  any  city,  town 
or  other  independent  district,  the  samo  as  other  teachers  of  the  coun- 
try are  examined  except  as  hereinafter  provided  ant',  no  city  superin- 
tendent or  principal  shall  be  employed  who  does  not.  hold  a  first  grade 
or  state  certificate  or  a  state  diploma.  In  no  case  shall  any  toucher 
be  employed  to  teach,  in  such  schools  who  does  not  hold  a  certificate 
as  above  provided,  or  a  state  certificate,  or  a  state  diploma;  and  any 
contract  made  contrary  to  the  above  is  hereby  declared  void. 

The  above  provisions  shall  be  construed  as  giving  the  examining 
committee  of  the  board  of  education  in  cities  of  the  first  class,  and  the 
superintendent  or  principal  of  schools  of  any  city  or  town,  or  other 
independent  district,  advisory  power  in  the  examination  of  teachers 
for  their  respective  schools,  and  they  may  add  such  questions  as  they 
may  deem  wise  in  the  examination  in  order  to  test  the  qualifications  of 
teachers  for  any  particular  grade  or  special  work. 

In  cities,  towns  or  other  independent  districts  other  than  cities  of 
the  first  class  the  superintendent  of  schools  may  endorse  his  approval 
upon  a  teacher's  county  certificate  or  he  may  issue  a  special  state- 
ment or  certificate  in  regard  thereto.  In  cities  of  the  first  class  such 
endorsement  on  a  teacher's  county  certificate  or  such  special  state- 
ment or  certificate  shall  be  signed  by  all  or  a  majority  of  the  examin- 
ing committee  of  the  board  of  education  and  the  said  statement  or  cer- 
tificate with  the  teacher's  county  certificate  shall  be  exhibited  to  the 
board  of  education  at  the  time  of  contracting  for  a  school. 

Provided,  no  teacher  who  holds  a  state  or  county  certificate  under 
this  article  is  excused  from  the  county  institute  except  for  good  and 
valid  reasons. 

Provided   further,   that  the  city  superintendent  shall   revoke  the 


SOUTH  DAKOTA  89 

certifuate.  issued  by  the  examining  committee  of  which  he  is  chairman. 
of  those  persons  who  do  not  attend  the  county  institute,  except  as 
hereinbefore  provided. 

Sec.  12<.T>.  Six-rial  Act>  Not  Kopcalcd  J  Nothing  in  this  article 
contained  shall  be  construed  as  repealing  any  special  act  or  acts  or 
any  portion  thereof,  creating  or  relating  to  any  schools  in  cities  or 
towns  or  independent  school  districts. 

SCHOOL    OR(.  \M/.\T10\     I  OR    COMMISSION    (i<)\  KR\K1>    (TJII   -. 


Src.  lis.1.";'..  School  Districts.]  Every  city  organized  under  the 
provisions  of  this  act  shall  constitute  an  independent  school  district 
and  as  such  independent  school  district,  shall  be  a  body  corporate. 
Such  independent  school  district  shall  be  deemed  to  be  a  continua- 
tion of  the  independent  school  district  constituted  by  said  city  prior 
to  the  organization  of  said  city  under  this  act,  and  the  making  of  such 
change  of  organization  shall  not  be  construed  to  effect  a  change  in 
the  legal  identity  as  a  corporate  body  of  such  independent  school  dis- 
trict. Such  independent  school  district  shall  be  governed  by  the  laws 
of  South  Dakota  applicable  to  independent  school  districts,  excepting 
as  herein  otherwise  provided.  (Par.  124,  Chapter  119,  Session  Laws 

Sec.  20ob.  Board  of  Education.]  The  board  of  education  of  the 
independent  school  district  of  cities  organized  under  this  act  shall 
consist  of  five  directors  whose  term  of  office  shall  be  five  years,  and 
one  of  whom  shall  be  elected  annually;  provided,  that  the  members 
of  the  board  of  education  of  the  independent  school  district  of  such 

in  office  at  the  time  of  the  first  election  under  this  act  shall  re- 
main in  office  until  the'r  successors  shall  have  been  elected  under  the 
provisions  hereof  and  shall  have  qualified.  At  the  first  election  held 
under  the  provisions  hereof  there  shall  be  elected  as  many  members 
of  the  board  of  education  as  there  are  members  upon  such  board 
whose  term  of  office  would  expire  prior  to  the  next  annual  election 
in  said  city  under  this  act,  and  the  members  of  the  board  of  educa- 
tion so  elected  shall  take  office  immediately  upon  their  election  and 
qualification.  If  but  one  member  of-  the  board  of  education  be  so 
•d  he  shall  be  elected  for  a  term  of  five  years.  If  two  members 
of  the  board  of  education  be  so  elected,  their  terms  shall  be  respective- 
ly five  and  four  years,  to  be  determined  by  lot.  At  the  second  annual 
election  hereunder,  there  shall  be  elected  members  of  the  board  of 
education  to  succeed  any  members  of  said  board  whose  terms  of  of- 
pire  after  the  second  and  before  the  third  annual  elec- 

held  hereunder.  and  members  of  the  board  of  education  so  elec- 
ted shall  take  office  immediately  upon  their  election  and  qualifica- 
t:on.  In  case  but  one  member  of  the  board  of  education  be  so  elected, 


90  SCHOOL  LAWS 

he  shall  serve  for  a  term  of  five  years.  If  two  members  of  the  board 
of  education  be  so  elected  they  shall  hold  office  for  terms  of  five  and 
four  years  respectively,  to  be  determined  by  lot.  At  the  third  annual 
election  under  the  provisions  hereof  there  shall  be  elected  the  re- 
maining members  of  the  board  of  education,  who  shall  take  office  im- 
mediately upon  their  election  and  qualification.  If  but  one  member  of 
the  board  of  education  be  so  elected,  he  shall  serve  for  a  term  of  five 
years.  If  two  members  be  so  elected,  they  shall  serve  respectively  for 
five  and  four  years  to  be  determined  by  lot.  The  board  of  education 
shall  elect  a  clerk  and  treasurer  and  all  officers  and  employees  of  the 
independent  school  district,  provided,  that  all  cities  of  over  ten  thous- 
and population  by  the  last  preceding  state  or  federal  census  the  city 
treasurer  shall  be  ex-officio  treasurer  of  the  independent  school  district. 
(Par.  125,  Chapter  119,  Session  Laws  1913.) 

Sec.  205c.  Must  Not  Be  Interested  in  Contract.]  No  director  of 
the  board  of  education  shall  directly  or  indirectly  engage  in  any  bus- 
iness transaction  with  the  board  of  education  whereby  any  money  is 
to  be  paid,  directly  or  indirectly,  out  of  the  treasury  of  said  board  of 
education  to  such  director,  or  whereby  such  director  may,  directly  or 
indirectly,  receive  any  pecuniary  benefit.  (Par.  126,  Chapter  119, 
Session  Laws  1913.) 

Sec.   205cl.      Board  to  Make  Estimate  of   Money      Needed.]      The 

board  of  education  of  a  city  organized  under  this  act,  shall,  on  or  be- 
fore the  regular  meeting  in  August  of  each  year,  make  an  estimate  of 
the  moneys  necessary  for  the  support  of  the  schools  for  the  ensuing 
year.  Such  estimate  shall  itemize  items  of  estimated  expenditures  and 
shall  be  certified  by  the  clerk  of  the  board  of  education  to  the  city 
auditor  OL  or  before  the  first  day  of  September  of  each  year.  The 
board  of  commissioners  shall,  at  the  time  of  making  the  tax  levy  for 
city  purposes  also  levy  the  tax  for  the  support  of  the  schools  of  the 
independent  school  district  of  the  city  for  the  fiscal  year  next  en- 
suing, as  estimated  by  the  board  of  education,  which  estimate  and  tax 
must  not  exceed  in  any  fiscal  year  twenty-five  mills  on  the  dollar  on  all 
personal  and  real  property  within  the  city  which  is  taxable  for  school 
purposes  excepting  as  provided  in  Section  116  of  this  act,  and  the  city 
auditor  shall  certify  such  levy  to  the  county  auditor,  as  hereinbefore 
provided.  (Par.  127,  Chapter  119,  Session  Laws  1913.) 

Sec.   205e.      Board   to   Have   Supervision  of   Expenditures.]       The 

board  of  education  shall  supervise  the  expenditures  of  the  moneys  rais- 
ed by  taxation  or  otherwise  for  the  support  of  the  schools.  All  war- 
rants for  the  expenditure  of  school  money  shall  be  signed  by  the  pres- 
ident and  countersigned  by  the  clerk  of  the  board  of  education.  (Par. 
128,  Chapter  119,  Session  Laws  1913.) 


SOUTH  DAKOTA  91 


liO.M'.      \0    Warrant    May   Be   Drawn   in   Excess   of  Cash      oil 

Hand.)  Xo  warrant  shall  ever  be  drawn  for  the  expenditure  of  mon- 
uised  by  taxation  or  otherwise  for  the  support  of  the  schools  in 
excess  o  f  the  cash  actuallyy  in  the  treasury  of  the  school  district  de- 
rived from  sources  other  than  the  tax  levy  and  applicable  to  the  pay- 
ment of  the  current  expenses  of  the  school  district  added  to  the  ninety- 
five  per  cent  of  the  tax  levy  made  for  the  current  fiscal  year,  and  no 
liability  shall  be  incurred  by  the  board  of  education  or  any  officer 
thereof  for  which  a  warrant  cannot  be  drawn  under  the  provisions  of 
this  section.  Any  member  of  the  board  of  education  voting  to  incur 
a  liability  or  issue  a  warrant  in  violation  of  the  signing,  issuing  or 
delivering  any  warrant  in  violation  of  the  provisions  of  this  section, 
and  any  city  or  school  treasurer  paying  any  warrant  issued  in  violation 
of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  thereof,  shall  be  fined  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars  and  may  at  the 
discretion  of  the  court  be  deprived  of  his  office.  (Par.  129,  Chapter 
119.  Session  LAWS  1913.) 

:2or>g.     Sinking  Fund  Can  be   I  "MM!  to  Pay  Bonded  Indebted- 

IH-»S.  | 

Except  as  herein  otherwise  provided  no  moneys  raised  by  taxation  or 
otherwise  for  the  purpose  of  a  sinking  fund  to  pay  the  bonded  indebt- 
edness of  the  independent  district  of  any  city  organized  under  this 
act  shall  ever  be  applied  temporarily  or  otherwise  to  any  other  pur- 
pose,, and  any  officer  of  the  board  of  education  or  of  the  city  unlaw- 
fully diverting  or  being  accessory  to  a  diversion  of  any  moneys  be- 
longing to  any  sinking  fund  of  the  independent  school  district  shall 
be  guilty  of  felony.  The  board  of  education  of  the  independent  school 
district  in  any  city  so  organized  may  invest  the  moneys  belonging  to 
the  sinking  fund  of  the  independent  school  district  in  the  same  securi- 
ties in  which  the  sinking  fund  of  the  city  may  be  invested,  as  here- 
inbefore provided,  and  may  loan  the  moneys  belonging  to  the  sinking 
fund  of  the  independent  school  district  upon  the  same  security  as  is 
hereinbefore  provided  for  the  loaning  of  moneys  belonging  to  the  sink- 
ing fund  of  the  city  and  under  the  same  restrictions  and  may  also  in- 
vest the  moneys  belonging  to  the  sinking  fund  of  the  independent 
school  district  in  warrants  of  said  independent  school  district,  pro- 
vided. however,  that  said  warrants  so  invested  in  shall  not,  by  reason 
of  such  investment,  be  cancelled  or  retired  but  said  warrants  shall  be 
duly  called  for  payment  and  paid  in  like  manner  as  though  said  moneys 
belonging  to  said  sinking  fund  were  not  invested  therein,  and  when 
so  paid  the  moneys  belonging  to  said  sinking  fund  so  invested  in  said 
warrants  shall  be  returned  to  and  replaced  in  said  sinking  fund. 
(Par.  130,  Chapter  119,  Session  Laws  1913.) 

Srr.  ^'.».~)h.     School   Funds.  |      Iii   all  cities  having  a  popualtion  of 


92  SCHOOL,  LAWS 

ten  thousand  or  over  by  the  last  preceding  federal  or  state  census  the 
funds  belonging  to  the  independent  school  district  shall  be  so  depos- 
ited in  the  same  depository  in  which  the  funds  belonging  to  the  city 
shall  be  deposited,  as  hereinbefore  provided,  and  the  bonds  or  other 
security  for  the  safe  keeping  and  repayment  of  moneys  belonging  to 
the  city  shall  include  the  safe  keeping  and  repayment  of  all  moneys 
as  belonging  to  the  independent  school  district.  All  interest  derived 
from  the  deposit  of  funds  belonging  to  the  school  district  shall  be  the 
property  of  the  school  district.  (IPar.  131,  Chapter  119,  Session  Laws 
1913.) 

Sec.  205i.  Director  May  be  Removed.]  The  provisions  of  Sec- 
tion 15  of  this 'act,  providing  for  the  removal  of  a  member  of  the  board 
of  commissioners  by  the  electors  qualified  to  vote  for  his  successor, 
shall  also  apply  to  the  removal  of  a  director  of  the  board  of  education 
of  the  independent  school  district,  and  any  director  of  the  board  of 
education  of  the  independent  school  district  may  at  any  time  be  re- 
moved in  the  manner  provided  by  said  section.  (Par.  132,  Chapter  119, 
Session  Laws  1913.). 


ARTICLE  XTI 

School  Libraries 

Sec.  20fi.  Library  Fund  Created]  The  county  treasurer  shall 
withhold  from  the  apportionment  received  from  the  interest  and  in- 
come fund  or  other  income  for  the  schools  of  his  county  annually  an 
amount  equal  to  ten  cents  per  capita  for  each  person  of  school  age, 
which  money  shall  constitute  a  library  fund  and  shall  be  used  in  the 
purchase  of  library  books  as  hereinafter  provided. 

Sec.  207.  County  Library  Board]  The  county  superintendent, 
county  auditor,  state's  attorney,  and  all  superintendents  of  city  schools, 
and  principals  of  schools  in  villages  employing  more  than  one  teaaher, 
shall  constitute  the  county  library  board.  Annually,  between  the  first 
day  of  July  and  the  first  day  of  September  the  county  library  board 
shall  meet  at  the  call  of  the  county  superintendent  who  shall  be  chair- 
man of  said  board,  and  expend  the  money  provided  for  in  the  pre- 
ceding section,  in  the  purchase  of  books  selected  from  the  list  prepared 
by  the  state  superintendent. 

Sec.  208.  Librarian]  The  clerk  of  the  school  district  shall  act 
as  librarian,  and  shall  receive  and  have  the  care  and  custody  of  the 
books,  and  shall  loan  them  to  the  teachers,  pupils  and  other  residents 
of  the  district  in  accordance  with  the  regulations  prescribed  by  the 


SOUTH  DAKOTA  93 

state  superintendent.  The  clerk  shall  give  a  receipt  for  and  keep  a 
record  of  the  books  received  from  the  county  library  board,  and  shall  in- 
clude in  his  annual  report  such  library  statistics  as  the  state  superin- 
tendent may  require.  During  the  time  school  is  in  session  the  library 
shall  be  placed  in  the  schoolhouse,  and  the  teacher  shall  act  as  librarian 
under  the  supervision  of  the  district  clerk. 

S«T.  liOJ).  Uookcases  shall  be  Provided]  The  school  board  shall 
provide  suitable  cases  for  the  books  in  each  school. 

SIT.  21O.  Library  Circuits].  The  county  library  board  shall  have 
power  to  designate  library  circuits,  each  composed  of  not  more  than 
ten  schools.  When  one  or  more  such  library  circuits  shall  have  been 
organized,  it  shall  be  the  duty  of  the  county  superintendent  to  employ 
a  resiXTsible  person  tc  move  all  the  libraries  provided  for.  These  re- 
movals shall  be  made  in  January  and  July  of  each  year  and  in  such 
order  as  the  county  superintendent  shall  direct,  and  the  person  making 
such  removal  shall  receive  therefor  ten  cents  per  mile  for  the  distance 
necessarily  traveled  in  making  such  exchange.  Such  mileage  shall  be 
paid  by  the  county  treasurer  upon  warrant  issued  by  the  county  auditor, 
and  shall  be  charged  by  the  county  treasurer  pro  rata  to  the  various 
school  districts  affected.  Privided  no  warrant  for  such  mileage  shall 
issue,  except  on  presentation  of  a  voucher  signed  by  the  county  super- 
intendent. "Provided,  that  the  boards  of  education  in  cities  of  the 
first  and  second  classes,  may  select  such  books  as  they  may  deem  wise 
and  shall  forward  a  list  of  such  books  to  the  chairman  of  the  library 
board." 

Sec.      211      Compensation    of   Members   of   Library   Board]       The 

members  of  the  county  library  board  shall  receive  no  compensation. 
The  expense  of  postage,  express  and  freight  necessarily  incurrd  i>y 
the  county  board  in  securing  the  books  shall  be  a  charge  upon  the 
library  fund  provided  for  in  section  206. 

Sec.  212  Warrants  Upon  Library  Fund]  The  county  treasurer 
shall  pay  cut  money  in  the  library  fund  upon  vouchers  signed  by  the 
county  Mirerintendent  and  county  auditor. 

•J12u  (1)  Free  Libraries  |  The  free  library  of  So.  Dak.  shall  consist 
of  the  Supreme  Court  Library,  and  the  State  Library,  as  the  same  are 
denned  by  law;  the  Free  Public  Libraries  of  the  several  cities,  towns, 
townships  and  school  districts,  and  traveling  libraries  as  hereinafter 
provided. 

(2)  The  Supreme  Court  Library  shall  continue  under  the  man- 
agement of  the  Supreme  Court;  The  State  Library  and  the  traveling 
libraries  shall  be  under  the  management  of  the  Free  Library  Commis- 
sion as  hereinafter  provided;  the  city,  town  and  township  libraries 
shal  be  under  the  management  of  the  respective  boards  of  Public  Li- 


94  SCHOOL  LAWS 

brary  Trustees  of  such  cities,  towns  and  townships,  and  the  school  li- 
braries shall  continue  under  the  management  of  the  school  boards  or 
boards  of  education  of  the  districts  in  which  they  are  respectively  lo- 
cated. 

(3)  The  Free  Library  Commission  shall  consist  of  the     gover- 
nor, the  superintendent  of  public  instruction  and  the  state     librarian 
and  two  additional  members  to  be  appointed  by  the  governor,  one  of 
whom  shall  in  the  first  instance  be  appointed  for  two  years  and  the 
other  for  three  years,  and  thereafter  each  appointment  shall     be     for 
three  years.     Provided  that  these  additional  members  shall  be  appoint- 
ed, one  from  nominations  made  by  the  state  library  association  and  one 
from  nominations  made  by  the  state  federation  of  women's  clubs,  pro- 
vided further  that  on  or  before  January  first  of  each  year  in  which  an 
expiration  of  the  term  of  any  such  member  of  the  Free  Library  com- 
mission occurs  the  said  state  library  association  and  the  state  federa- 
tion of  woman's  clubs  shall  file  with  the  governor  the  names  of  three 
members  from  which  the  successor  to  such  members  may  be  chosen. 

(4)  The  Superintendent  of  Public  Instruction  shall  be  President 
of  the  Free  Library  Commission  and  the  State  Librarian  shall  be  the 
Secretary  thereof.      It  shall   maintain   its  office  in   the   State  Library, 
at  the  capitol. 

(5)  It  shall  be  the  duty  of  the  Free  Library  Commission  and  it 
is  hereby  empowered: 

(a)  To  supervise  the  state  library  and  make  rules  and  regula- 
tions under  which  the  books,  documents  and  manuscripts  therein  may 
he  used  by  the  public.     It  shall  accept  gifts  of  books,  money  or  prop- 
erty for  the  use  of  the  state  library  and  it  shall  select  and  purchase 
books  therefor  from  any  funds  available  for  the  purpose. 

(b)  It  shall  arrange  in  suitable  packages  for  shipment,  properly 
selected  and   classified  collections   of  books      and      pictures,      secured 
through  purchase  or  gifts,  to  be  loaned  to  public  libraries,  traveling 
library  associations,  study  clubs,   farmers  clubs,   charitable  and  penal 
institutions  and  to  individuals  under   such  condition  and  restrictions 
as  shall  make  them  the  greatest  good  to  the  greatest  number,  provided 
that  such  beneficiaries  of  such  traveling  libraries  and  collections  shall 
give  to  the  Free  Library  Commission  good  and  sufficient  guaranty  for 
the  safe  keeping  and  return  of  such  books  and  the     payment     of     all 
transportation  charges  thereon. 

(c)  To  establish  at  the  state  Library  a  clearing  house  for  peri- 
odicals whereby  public  libraries,  institutions  and  individuals  may  ex- 
change periodical  publications;    provided,  that  the  Free  Library  Com- 
mission  shall  not   incur   any   expense   for   the   transportation   of   such 
periodicals  as  are  not  required  for  use  in  the  state  library. 

(d)  To    incorporate    into    the    state    Library    the    miscellaneous 
books  now  in  the  department  of  public  instruction  not  required  in  the 
administration  of  said  department  and  to  designate  such  copies  of  the 


SOUTH  DAKOTA  95 

hall  bo  retained  in  the  state  library  for  reference  purposes 
and  such  as  may  be  employed  in  the  traveling  libraries. 

To  render  upon  request,  assistance  to  County  Superintend- 
ents and  to  County  Library  Boards,  in  selecting  books  for  school  li- 
braries. 

if)  To  render  advice  and  assistance  to  communities  which  may 
propose  to  establish  public  libraries,  and  to  encourage  the  establish- 
ment of  the  same,  and  may  prescribe  approved  methods  for  conducting 
the  same  and  may  send  an  assistant  to  any  such  community  to  assist  in 
the  establishment  of  such  library  and  the  selection  of  books  therefor, 
and  may  publish  blanks  for  the  purpose  of  securing  uniform  library 
accounting  and  reports.  (Chapter  195,  Session  Laws  1915.) 

(6)  The  Free  Library  Commission  shall  keep  a  substantial 
record  of  all  of  its  transactions  and  of  the  books  and  collections  sent 
out  through  the  traveling  libraries  and  shall  make  a  biennial  report 
of  its  proceedings  to  the  Governor,  which  report  shall  not  exceed 
twenty-four  pages  in  extent  and  shall  be  printed  as  are  the  reports  of 
other  officers  .and  departments. 

(  7  i  The  mayor  of  any  city,  the  president  of  the  Board  of  Trust- 
ees of  any  town  or  the  chairman  of  the  Board  of  Supervisors  of  any 
civil  township,  in  which  a  free  library  is  now  or  hereafter  may  be  es- 
tablished pursuant  to  law,  shall  appoint  five  competent  citizens,  two 
of  whom  shall  be  women,  and  not  more  than  one  of  whom  shall  be  a 
member  of  the  appointive  body,  such  to  be  confirmed,  as  the  case  may 
be  by  the  Council,  Commission,  Trustees  or  Supervisors,  and  to  be 
known  as  the  Public  Library  Trustees.  One  of  said  Trustees  shall  be 
appointed  for  one  year,  two  for  two  years  and  two  for  three  years,  and 
for  three  years  thereafter,  or  until  successors  are  appointed  and  con- 
firmed. 

Provided,  that  the  Trustees  or  Directors  of  public  libraries  now  in 
office  shall  continue  to  hold  their  respective  offices  until  the  expiration 
of  the  term  for  which  they  were  appointed.  The  Public  Library 
Trustees  shall  receive  no  compensation  for  their  services  as  such 
Trustees.  Any  school  board  and  Board  of  Library  Trustees  may  agree 
to  unite  the  school  library,  with  the  exception  of  such  reference  books 
as  it  is  deemed  necessary  to  keep  within  the  school,  with  the  public 
library;  in  such  case  the  sum  to  be  expended  by  the  school  for  books 
shall  be  turned  over  to  the  Library  Trustees,  and  if  so  united,  a  repre- 
sentative of  the  schools  shall  be  a  member  of  the  Board  of  Trustees. 
(Chapter  195,  Session  Laws  1915.) 

(8)  It  shall  be  the  duty  of  the  Public  Library  Trustees  to  pro- 
vide suitable  accommodations  for  the  Free  Public  Library  and  for  the 
accommodation  of  the  public  in  usin,^  the  same.  They  shall  select  the 
books,  papers  and  periodicals  for  such  Free  Public  Library  and  they 
may  exclude  from  such  library  any  reading  matter  they  may  deem 
harmful;  they  may  accept  gifts  of  books,  money  or  property  for  the 


96  SCHOOL  LAWS 

use  and  benefit  of  such  Free  Public  Library.  They  shall  appoint  the 
librarian  and  other  persons  necessary  for  the  care  of  such  library 
and  shall  fix  their  compensation.  The  Public  Library  Trustees  shall 
make  all  necessary  rules  and  regulations  pertaining  to  the  use  and 
circulation  of  the  books  and  periodicals  of  said  library  and  shall  de- 
termine what  books  may  be  circulated  and  what  shall  be  retained  in 
the  library  for  reference  purposes  only,  and  thy  may  provide  for  the 
circulation  of  the  books  in  the  rural  communities  outside  of  the  lim- 
its of  the  city,  town  or  township  in  which  the  library  is  located.  And 
said  Public  Library  Trustees  shall  have  the  power  to  place  certain 
books  upon  a  pay  shelf  and  for  which  a  reasonable  charge  may  be 
made  for  the  use  thereof. 

(9)  On  or  before  the  first  day  of  August  in  each  year  the  Pub- 
lic Library  Trustees  shall  make  a  careful  estimate  of  the  ncessary  ex- 
pense for  the  maintenance  of  the  Free  Public  Library  for  the  ensuing 
year  and  shall  certify  the  same  to  the  city  council,  city  commission, 
board  of  trustees,  or  board  of  supervisors,  of  the  town,  city  or  town- 
ship in  which  the  library  is  located,  as  the  case  may  be,  and  said  coun- 
cil, commission  or  board  shall  include  such  levy  in  the  regular  tax 
levy  of  said  city,  town  or  township  for  the  ensuing  year,  and  the  same 
shall  be  extended  and  collected  as  are  other  taxes  and  the  proceeds 
thereof  paid  to  the  city,  town  or  township  trasurer. 

10)  It  shall  be  the  duty  of  the  city,  town  or  township  treasurer 
to  keep  all  funds  derived  from  the  levy  for  the  support  of  the  Free 
Public  Library  in  a  separate  fund  and  shall  pay  the  same  upon  war- 
rants duly  drawn  by  the  Public  Library  Trustees. 

(11)  The  total  expense  for  the  maintenance  of  a  Free  Public 
Library,  shall  not  in  any  year  exceed  two  mills  on  the  dollar  of  assesed 
valuation  in  the  city,  town  or  township  wherein  it  is  located. 

(12)  It  shall  be  the  duty  of  the  Public  Library  Trustees  of  each 
Public  Library  to  on  or  before  the  first  day  of  August  in  each     year 
make  a  report  to  the  Free  Library  Commission,  upon  blanks  provided 
by  the  Free  Library  Commission  for  such  purpose,  which  report  shall 
be  for  the  fiscal  year  ending  June  30  next  preceding  such  report. 

(13)  Whenever  five  per  cent  of  the  legal  votrs  of     any     city, 
town  or  township,  as  shown  by  the  vote  of  the  last  general     election 
therein,  shall  petition  the  city  council,  city  commission,  town  board  of 
trustees,  or-  township  board  of  supervisors  so  to  do,  the  said  council, 
commission,  board  of  trustees,  or  board  of  supervisors  as  the  case  may 
be,  shall  at  the  next  city,  town  or  township  election,  or  at  a     general 
election  held  therein,  if  such  general  election  shall  be  held  before  the 
city,  town  or  township  election,  submit  to  a  vote  therein  the  question  of 
the  establishment  of  a  Free  Public  Library  in  such   city,     town      or 
township,  and  if  a  majority  of  the  votes  cast  upon  such  question     at 
such  election  shall  be  in  favor  of  the  establishment  of  such  Free  Pub- 
lic Library,  the  Mayor  of  such  city,  or  the  president  of     such     town 


SOUTH  DAKOTA  97 

board  of  supervisors,  or  the  chairman  of  such  township  board     of  su- 

.1   forthwith  appoint  a  board  of  Public  Library  Trustees 

and   the  said   Public  Library  Trustees  shall  exercise  such  powers     in 

lishing,  regulating  and  maintaining  a  Free  Public  Library  as  are 

i  to  them  by  this  chapter. 

i      There  is  hereby  appropriated  out  of  any  money     in     the 
.  not  otherwise  appropriated,  the  sum  of  three  thousand 
dollars  for  1913  and  three  thousand  dollars  for  1914  which  shall     be 
on  the  warrant  of  the  state  auditor  issued  upon  vouchers     duly 
by    the  President  and   Secretary  of  the   Free  Library   Corn- 
on   for  the  purchase  of  books  and  suitable  packages  for  the  es- 
nt   of  traveling   libraries,    the  employment   of   necessary    as- 
;  nd   for  incidental  expenses  of  carrying  out  the  purposes  of 
in  -C'hapur  217,  Session  Laws  1913,  except  as  indicated.) 


following  rules  and  regulations  for  the  management  of  school 
prescribed  by  the  state  superintendent  as  required  by  law. 
lies  as  given  are  suitable  for  rural  school  libraries.     Any 
10  adapt  them   to  the  needs  of  village  and  city  schools  may 
upon  approval   of   the  state   superintendent    of     public     in- 
struction. 

The  county  library  board  shall  purchase  for  each  district 

ar  as  may  be  the  number  of  books  that  the  money  for  said  district 

would  buy.  taking  care  not  to  duplicate  books  already  in  said  district's 

When  all  the  books  for  all  the  libraries  in  the  county  have 

upon,  duplicate  lists  shall  be  made,  one  of  which  shall 

tained  by  each  member  of  the  library  board.      Books  should  be 

ordered  in  .the  name  of,  and  sent  to  the  address  of  the  county  super- 

o  shall  properly  label  and  number  each  book,  keeping  a 

g  of  the  same,  show''  umber,  title,  date  of  purchase,  and 

•>f  each  book. 

Second-  olume   in   the  library  shall    have  pasted   on   the 

inside  of  the  printed   label,  giving  the  name  and  number  of 

rporation,   name   of  county,    the    number   of  the    vol' 

:es   governing  the   loaning,    care   and    return   of 
ook. 

Third — Every  volume  loaned  shall  be  entered  by  the  librarian  in 

a  book  to  be  provided  for  that  purpose,  by  its  catalog  number,  with 

h  it  was  loaned,  when  it  was  returned,  to  whom  de- 

o  whom   charged,  the  condition  of  the  book   when  returned, 

iiion  or  injury  done  to  the  book. 

Fourth-  hild    attending   school    shall    be   entitled    to    the 

>ges  of  the  library;   but  when  the  number  of  books  is  insufficient 
all  pupils,  the  librarian  01  ,ine  the  man- 

ner in  which  the  books  may   lie  drawn. 


98  SCHOOL  LAWS 

Fifth — No  person  shall  be  entitled  to  two  books  from  the  library 
at  the  same  time,  and  no  family  shall  draw  more  than  one  book  while 
other  families  wishing  books  remain  unsupplied. 

Sixth — No  person  shall  loan  a  library  book  to  anyone  out  of  his 
own  house. 

Seventh — No  person  shall  retain  a  book  from  the  library  more 
than  two  weeks,  under  penalty  of  five  cents  a  week  for  each  week  he 
may  so  retain  it;  and  no  person  may  draw  the  same  book  a  s<j<<>n<l 

time  while  any  other  person  wishes  to  draw  it. 

» 
Eighth — On  the  return    of  a  book    to  the  library,  the  librarian 

shall  examine  it  carefully  to  ascertain  what  injury,  if  any,  has  been 
sustained  by  it,  and  shall  charge  the  amount  of  fine  accordingly.  Fol- 
lowing fines  shall  be  assessed  by  librarian  as  herein  provided: 

(a)  For    detaining    a    book    beyond    two    weeks,    five   cents    per 
week. 

(b)  For  the  loss  of  a  volume,  the  cost  of  the  book;  and  for  one 
of  a  set,  an  amount  sufficient  to  purchase  a  new  set. 

(c)  For  a  leaf  of  a  book  torn  out  or  lost  or  soiled,  so  as  to  ren- 
der it  illegible,  the  cost  of  the  book  and,  if  one  of  a  set,  the  cost  of  a 
new  set.     In  either  of  the  above  cases,  the  person  paying  the  fine  shall 
be  entitled  to  the  book  or  set  so  injured. 

(d)  For  any  injury  beyond  ordinary  wear,   an   amount  propor- 
tionate to  the  injury,  to  be  estimated  by  the  librarian,  subject  to  re- 
vision, upon  appeal,  by  the  board  of  directors. 

(e)  Whenever   a   book   shall  not  be   returned   within  six   weeks 
from  the  time  it  was  loaned,  it  shall  be  deemed  to  be  lost,  and  the 
person  so  detaining  it  shall  be  charged   with   its  cost,  in   addition  to 
the  weekly  fine  for  detention  up  to  the  time  such  charge  was  made. 
But  if  the  book  be  afterward  returned,  the  charge  for  such  shall  be 
remitted;  and  the  fine  for  not  returning  the  book  shall  be  levied  up  to 
the  time  of  such  return;  provided,  that  in  no  case  shall  the  amount  of 
weekly  fines  exceed  the  cost  of  the  book. 

Ninth — Any  person  refusing  or  neglecting  to  pay  any  penalty  or 
fine  shall  not  be  allowed  to  draw  any  book  from  the  library. 

Tenth — Books  loaned  to  minors  not  in  attendance  upon  the  school 
shall  be  charged,  to  their  parents,  guardians  or  other  parties  with  whom 
they  reside,  who  shall  be  responsible  for  the  books  under  these  regu- 
lations. 

Eleventh — If  any  person  having  held  the  office  of  librarian  shall 
neglect  or  refuse  to  deliver  to  his  successor  all  the  library  property, 
the  president  of  the  board  of  directors  shall  forthwith  commence  an 
action  in  the  name  of  the  corporation  for  the  recovery  of  the  property 
he  s-hall  so  neglect  or  refuse  to  deliver. 

Twelfth — The  library  fines  collected  shall  be  applied  to  the  re- 
placing of  volumes  and  rebinding  such  books  as  may  require  it. 


SOUTH  DAKOTA  99 

(list rirt    clerk  shall   include  the  following  items 
<>rt  to  the  county  superintendent: 
The  number  of  volumes  in  the  library. 
The  number  of  volumes  purchased  during  the  year. 
The  number  of  volumes  loaned   during  the  year    (counting 
volume  once  for  each  time  it  was  loaned.) 
The  amount  of  fines  assessed. 

p  amount  of  fines  collected. 
Such  other  items  as  the  county  superintendent  may  require. 


ARTICLE  XIII 
Township  High  Schools 

21:J.  Eh-ctioii]  Upon  the  petition  of  not  less  than  fifty 
freeholders  of  any  civil  township  filed  with  the  township  clerk  at  least 
fifteen  days  preceding  the  regular  election  of  township  supervisors,  it 
shall  be  the  duty  of  the  said  clerk  to  notify  the  voters  of  said  town- 
ship that  an  election  for  or  against  a  township  high  school  will  be 
held  at  the  said  next  regular  election  of  township  supervisors  by  post- 
ing notices  of  such  election  in  three  public  places  throughout  such 
township  for  at  least  ten  days  before  the  election,  which  notices  may 
be  in  the  following  form,  viz. : 

High   School   Election 

Notice  is  hereby  given  that  on  Tuesday,  the day  of 

M;m-h,  A.  D an  election  will  be  held  at 

for  the  purpose  of  voting  for  or  against  the  proposition  to  establish  a 

township  high  school,  for  the  benefit  of  the  township  No, 

range  No The  polls  for  said  election  will  be  open  at 

and  close  at o'clock  on  said  day. 


Township  Clerk. 

S<-o.   214.     Ballots]      The  ballots   for   such   election  shall  be   re- 
d  and  canvassed  as  in  other  township  elections. 


2.15.  Township  Hoard  of  Educator]  If  a  majority  of  the 
voters  at  such  election  shall  be  found  to  be  in  favor  of  establishing  a 
township  high  school,  it  shall  be  the  duty  of  the  supervisors  of  the 
township  to  call  a  special  election  on  any  Tuesday  within  sixty  days 
of  the  time  of  the  election  etsablishing  the  township  high  school  for 
the  purpose  of  electing  a  township  board  of  education,  to  consist  of 
three  members,  to-wit:  one  director,  one  clerk,  one  treasurer;  notice 
of  which  election  shall  be  given  for  the  same  time  and  in  the  same 
manner  as  provided  for  in  the  election  of  township  supervisors.  The 
members  elected  shall  determine  by  lot  at  their  first  meeting  the 
length  of  term  each  is  to  serve.  One  of  the  members  shall  serve  for 


100  SCHOOL,  LAWS 

one  year,  or  for  two  years,  and  one  for  three  years,  from  the  second 
Tuesday  of  July  next  succeeding  their  election.  Successors  shall  be 
elected  at  the  same  time  and  place  as  the  regular  township  elections 
are  held.  Whenever  a  vacancy  accurs  the  county  superintendent  shall 
appoint  a  succssor  who  shall  serve  until  a  successor  is  elected  and 
qualified.  Within  thirty  days  after  the  election,  the  members  elect  of 
the  township  board  of  education,  shall  qualify  by  making  oath  that 
they  will  support  the  constitution  of  the  United  States,  the  constitution 
of  the  state  of  South  Dakota,  and  faithfully  discharge  the  'duties  of 
their  trust.  Each  member  shall  further  qualify  by  giving  a  bond  to 
the  high  school  township;  the  director  in  the  penal  sum  of  one  hundred 
dollars, the  clerk  in  the  penal  sum  of  two  hundred  dollars,  and  the 
treasurer  in  such  sum  as  may  be  fixed  by  the  clerk  and  director,  but 
not  less  than  double  the  sum  of  the  money  as  nearly  as  can  be  ascer- 
tained to  come  into  his  hands  in  any  one  year.  The  bonds  of  the  clerk 
and  director  shall  be  signed  by  at  least  one  surety,  and  that  of  the 
treasurer  shall  have  at  least  two  sureties.  The  bonds  of  each  officer 
shall  be  approved  by  the  other  two  members  of  the  board.  Said  bonds 
shall  be  conditioned  that  he  will  faithfully  perform  his  duties  as  a 
member  of  the  township  board  of  education,  and  account  for  any 
moneys  or  property  of  such  high  school  township  that  may  come  into 
his  hands  or  care.  Said  oath  shall  be  in  writing  and  may  be  taken 
before  any  one  qualified  to  administer  oaths  under  the  law  of  the 
state,  and  said  oaths  and  bonds  of  the  members  of  the  first  board  shall 
be  approved  by  the  township  clerk.  All  bonds  of  the  board  of  edu- 
cation shall  be  filed  with  the  auditor  of  the  county  wherein  such  high 
school  township  is  organized.  Failure  to  qualify  within  thirty  days 
shall  ipso  facto  create  a  vacancy. 

Sec.  216.  Duties  of  Township  Boards  of  Education]  It  shall  be 
the  duty  of  the  township  board  of  education  to  establish  at  some  cen- 
tral point  most  convenient  to  a  majority  of  the  pupils  of  the  town- 
ship a  high  school  for  the  education  of  the  more  advanced  pupils.  They 
shall  have  charge,  directions  and  management  of  the  high  school  of 
the  township,  and  the  care,  custody  and  control  of  all  the  property 
belonging  to  it.  They  shall  assist  and  co-operate  with  the  teacher 
or  teachers  in  the  government  and  discipline  of  the  school  a:id"  may 
make  proper  rules,  and  regulations  therefor.  They  may  suspend  or 
expel  from  school  any  person  insubordinate  or  habitually  disobedient; 
provided,  that  such  suspension  shall  not  be  for  a  shorter  period  than 
ten  days,  nor  beyond  the  end  of  the  current  term  of  school. 

Sec.  217.  Union  of  Two  or  More  Townships]  In  like  manner 
the  voters  and  supervisors  of  two  or  more  adjoining  townships  may 
co-operate  in  the  establishment  and  maintenance  of  a  high  school  on 
such  terms  as  they  may,  by  written  agreement  made  and  signed  by  the 
boards  of  supervisors,  enter  into. 

Sec.   218.      Discontinuance   of  a  Township   High   School]      When 


TH  DAKOTA-'  •  '?  -101 

any  township  or  townships  shall  have  organized  a  high  school  and 
wish  to  discontinue  the  same  upon  petition  of  not  less  than  a  majority 
of  the  legal  voters  of  said  township  or  townships,  filed  with  the 
township  clerk  or  clerks  of  said  township  or  townships,  at  least  fifteen 
days  preceding  the  regular  election  of  supervisors,  it  shall  be  the  duty 
of  said  clerks  to  notify  the  voters  of  the  township  that  an  election  will 
be  held  on  the  day  of  said  regular  election  of  supervisors  for  the  pur- 
pose of  voting  for  or  against  discontinuing  the  township  high  school, 
which  notice  shall  be  given  in  the  same  manner  and  for  the  same 
li  of  time,  and  may  be  in  substantially  the  same  form  as  the  notice 
provided  for  in  section  213  of  this  act. 

S<-< .  219.  The  ballots  for  such  election  shall  be  received  and 
canvassed  in  the  same  manner  as  provided  for  in  section  214  of  this 
act.  If  a  majority  of  the  votes  cast  at  such  election  shall  be  in  favor 
of  discontinuing  the  high  school,  it  shall  be/  the  duty  of  the  board  of 
education  to  discontinue  the  same,  and  turn  all  the  assets  of  said  high 
school  into  money  and  deposit  the  same  in  the  county  treasury  to  the 
credit  of  the  school  funds  of  the  various  districts  or  parts  of  districts 
embraced  within  such  high  school  township  or  townships,  in  propor- 
tion to  the  assessed  valuation  of  such  districts  or  parts  of  districts  to 
be  used  for  general  school  purposes. 

Sec.  220.  Meetings  of  Board  of  Education]  The  regular  meet- 
ings of  the  board  of  education  for  the  transaction  of  business  shall 
be  on  the  second  Tuesday  of  July,  the  last  Tuesday  of  November  and 
March,  at  such  hour  and  place  as  may  be  fixed  by  the  board  of  educa- 
tion; provided  that  the  clerk  of  the  board  shall,  when  requested  by  a 
majority  of  the  board  call  a  special  meeting  at  any  time,  by  giving 
written  notice  to  each  member  of  the  board  at  least  three  days  prior 
to  the  meeting. 

Sec.  221.  Tax  Levy]  The  board  of  education  shall  have  power 
to  levy  upon  the  property  of  the  township  a  tax  for  high  school  pur- 
poses of  not  exceeding'  ten  mills  on  the  dollar  in  any  one  year,  whicii 
levy  shall  be  made  by  resolution  of  that  board  at  their  regular  July 
meeting.  The  clerk  shall  immediately  thereafter  notify  in  writing  the 
county  auditor  of  the  tax  so  levied.  The  board  of  education  shall 
have  power  and  may  direct  the  removal  of  the  school  house  to  a  more 
convenient  location  upon  the  petition  of  two-thirds  of  the  electors  of 
the  entire  township. 

Sec.  222.  Corporate  Xamo  and  Powers]  Every  civil  township 
organized  for  the  purpose  of  establishing  a  township  high  school  un- 
der this  act,  shall  be  and  is  hereby  constituted  a  corporation  for  high 
school  purposes  under  the  name  of  the  civil  township,  the  territory 

of  which  it  comprises,  e.  g High.  School 

Township,  and  may  under  its  name  sue  and  be  sued,  contract  and  be 


!<»-'  'SCHOOL  LAWS 

contracted   with,   purchase,   hold   and   use  personal  and  real   property 
for  the  purpose  mentioned  in  this  act. 

Sec.  223.  School  Board  as  Board  of  Education]  Where  ahe 
school  township  system  now  exists  the  school  township  board  shall 
assume  the  duties  of  the  board  of  education  herein  provided  for. 

Sec.  224.  Salary  of  Board]  Members  of  the  board  of  education, 
provided  for  in  section  215  of  this  act,  shall  receive  a  salary  of  $1.50 
per  diem  for  each  day  actually  spent  in  the  interest  of  the  school  dis- 
trict; provided,  such  salary  shall  not  exceed  twenty-five  dollars  per 
member  in  any  one  year. 


ABTCILE  XIV 

Uniformity  of  School  Text-Books 

Sec.  225.  County  Board  of  Education]  The  county  superin- 
tendent of  schools,  the  president  of  the  board  of  education  of  all  cities 
or  towns,  the  county  auditor,  the  county  state's  attorney,  the  board 
of  county  commissioners,  their  successors  *  in  office  and  one  person 
from  each  commissioner's  district  who  shall  be  selected  by  the  mem- 
bers of  the  school  boards  of  such  commissioner's  district  present  at  a 
meeting  to  be  called  by  the  county  superintendent,  shall  constitute 
the  county  board  of  education  of  each  county  in  this  state  for  the  pur- 
pose of  selecting  and  adopting  all  the  text-books  needed  for  use  in 
public  schools  in  the  county.  The  county  superintendent  of  schools 
shall  in  all  cases  be  chairman  of  the  county  board  of  education  and 
the  county  auditor,  secretary;  and  a  majority  of  said  board  shall  con- 
stitute a  quorum  for  the  transaction  of  business. 

The  members  of  a  board  of  education  of  cities  and  towns  organized 
as  independent  school  districts  are  not  entitled  to  act  at  a  meeting-  of 
members  of  school  boards  for  the  selection  of  a  member  for  the  county 
board  of  education  from  commissioner  districts.  Opinion  by  Attorney 
General  S.  W.  Clark,  May  27,  1907. 

The  county  superintendent  must  call  the  meeting  for  the  selection  of 
a  member  of  the  county  board  of  education  within  the  commissioner's  dis- 
trict and  he  may  call  the  meetings  for  his  commissioner  district  upon  the 
same  day  or  upon  different  days.  At  this  meeting  each  school  officer  "pres- 
ent from  the  commissioner's  district  has  a  vote,  except  members  of  boar' Is 
of  education.  Opinion  by  Attorney  General  Royal  C.  Johnson. 

A  county  commissioner  who  is  also  the  president  of  a  board  of  educa- 
tion is  entitled  to  the  votes  upon  the  county  board  of  education.  Opinion 
by  Royal  C.  Johnson,  Attorney  General. 

Sec.  226.  Meeting  of  County  Board  of  Education]  The  county 
board  of  education  shall  meet  at  the  office  of  the  county  superintend- 
ent of  schools  of  each  county  of  the  state  on  the  second  Tuesday  of 
June,  1907,  and  every  five  years  thereafter  and  select  and  adopt  a 
complete  series  of  school  text-books  to  be  used  in  all  the  schools  of 
the  county;  provided,  that  nothing  in  this  article  shall  be  construed 
to  prevent  any  county  board  of  education  from  selecting  a  series  of 


SOUTH  DAKOTA  103 

text-books  from  two  or  more  publishers;  provided,  further,  that  the 
board  of  education  in  cities  and  towns  may  adopt  other  or  additional 
books  by  the  same  or  other  authors.  The  county  board  of  education 
shall  advertise  for  twenty  days  in  a  newspaper  published  in  each 
county  that  at  a  time  and  place  named  in  said  notice  said  board  will 
receive  sealed  bids  for  furnishing  school  books  to  the  pupils  of  all 
public  schools  in  the  county  as  provided  in  this  article  for  a  term  of 
five  years.  Other  necessary  books  shall  be  purchased  and  contracted 
for  at  the  same  time. 

Sec.  227.  Duties  in  Selecting  Text-Books]  Before  selecting  and 
adopting  school  text-books  in  accordance  with  the  provisions  of  this 
article,  it  shall  be  the  duty  of  said  board  of  education  to  take  into  Con- 
sideration the  books  used  in  the  county,  and  all  books  submitted  by 
publishers,  and  most  carefully  consider  the  price,  the  type,  the  ma- 
terial, the  binding  and  other  items  that  go  to  make  up  a  desirable 
text-book,  and  no  text-book  shall  be  adopted  whose  price  is  above  the 
contract  of  wholesale  price  at  which  said  books  were  furnished  to  any 
other  state,  county  or  school  corporation  in  the  United  States  during 
the  year  previous  to  such  adoption.  The  county  superintendent  shall 
annually  at  the  close  of  the  year  make  a  report  to  the  county  board  of 
education  as  to  the  operation  of  the  school  book  contract. 

Sec.  228.  Notice  of  Meeting]  The  county  superintendent  shall 
notify  each  member  of  the  county  board  of  education  in  writing  of  the 
time  and  place  of  meeting  at  least  ten  days  before  the  date  of  said 
meeting,  and  he  shall  prepare  and  furnish  such  information  as  shall 
assist  the  board  in  acting  for  the  best  interests  of  the  people. 

Sec.  229.      Contract  for  Books  and  Designations  of  Depositories] 

The  board  of  county  commissioners  shall  contract  with  the  publishers 
of  such  books  as  have  been  adopted  by  the  county  board  of  education 
designating  the  price  at  which  such  books  shall  be  furnished  to  them 
or  to  their  authorized  agents,  and  they  shall  designate  a  depository  for 
school  corporation  in  the  county  where  school  books  shall  be  sold 
to  pupils  at  not  more  than  ten  per  cent  above  cost,  and  they  shall  pay 
for  the  books  and  transportation  of  the  same,  so  contracted  for,  out  of 
the  general  fund,  on  warrants  signed  by  the  county  auditor  and 
countersigned  by  the  chairman  of  the  board  of  county  commissioners; 
Provided,  that  the  same  depository  may  be  designated  for  one  or 
more  school  corporations. 

The   word   "board"   in  this   section  refers  to   school   board.     Opinion  by 
S.   \V.  Clark,  Attorney  General. 

Tl.  ;mbiguous.      In   my   opinion   the   term    "cost"   as   us-ed   in 

:i  refers  to  the  contract  price  at  which  such  books  are  purchased 

by    the   county  a,   and   that   this   sertimi    r--«iuires   school   books 

to  pupils  at  not  more  than  10  per  cent  above  such  contract  price. 

Opinion    by  General    Royal   C.   Johnson. 

S» M  .  230.  Provisions  Contained  in  Contract]  The  following 
shall  constitute  a  part  of  every  contract  with  publishers  as  provided  in 


104  SCHOOL  LAWS 

this  article,  whether  contained  in  such  contract  or  not;  whenever  the 
state  of  South  Dakota  shall  have  published  a  sufficient  number  of 
text-books  used  in  the  public  schools  of  the  state,  to  supply  the  schools, 
of  any  county  in  the  state,  upon  notice  given  by  the  governor  to  the 
county  auditor  of  any  county  this  contract  shall  be  void  as  far  as  it 
relates  to  such  book,  and  the  county  auditor  shall  immediately  notify 
the  publishers  holding  such  contract.  The  county  commissioners  of 
such  county  shall  forthwith  supply  all  the  schools  of  said  county  with 
the  books  printed  by  the  state..  The  auditor  of  said  county  shall  on 
or  before  the  llth  day  of  each  calendar  month  send  moneys  for  all 
state's  books  sold,  to  the  state  treasurer,  together  with  such  reports 
as  the  governor  of  the  state  may  direct. 

Sec.  231.  Bond  of  Depository]  The  board  of  county  commis- 
sioners may  require  a  good  and  sufficient  bond  from  each  depository 
desiganted  by  them  as  their  agent,  and  such  agent  shall  be  required 
to  file  a  statement  with  the  county  auditor  on  or  before  the  first  day 
of  January,  April,  July  and  October,  showing  the  number  and  kinds 
of  books  sold  by  him,  and  the  number  and  kinds  of  books  on  hand  in 
such  depository  on  the  last  day  of  the  preceding  month,  and  all  moneys 
due  the  county  by  such  depository  shall  be  paid  into  the  county  treas- 
ury at  the  time  of  filing  such  statement.  The  county  auditor  shall  sup- 
ply each  depository  with  proper  blanks  for  making  such  report. 

Sec.  232.  List  of  Books  for  Each  School]  The  county  board  of 
education  shall  furnish  a  printed  list  of  books  adopted  designating  tho 
retail  price  of  each,  and  supply  one  or  more  copies  to  each  school  cor- 
poration and  to  each  depository  designated.  The  secretary  or  clerk 
of  each  school  corporation  shall  post  said  price  list  in  each  room 
under  his  supervision. 

Sec.  233.  Free  Text-Books]  Upon  a  written  petition  of  a  ma- 
jority of  the  electors  of  any  school  corporation  asking  that  the  school 
books  be  furnished  free  to  the  pupils,  it  shall  be  the  duty  of  said  board 
to  arrange  and  furnish  the  free  use  of  books  to  the  pupils  of  such 
corporation  under  such  rules  and  regulations  as  the  school  board  may 
determine. 

A  member  of  a  school  board  or  board  of  education  or  a  clerk  of  a  board 
of  education  cannot  lawfully  act  as  depository  of  school  books.  Opinion  by 
S.  W.  Clark,  Attorney  General. 

Sec.  234.  Bookcase]  Said  school  board  must  procure  a  safe 
bookcase  in  which  said  books  shall  be  kept  whenever  it  shall  be  decid- 
ed to  supply  its  school  books  direct  to  the  pupils,  and  a  careful  invoice 
must  be  reported  at  the  close  of  each  term  by  the  secretary.  The  books 
shall  remain  the  property  of  the  school  corporation  and  can  only  be 
used  on  order  of  the  board. 

Sec.  235.  Books  Adopted  for  Five  Years]  Books  once  adopted 
or  contracted  for  under  the  provisions  of  this  article  shall  not  be 


SOUTH  DAKOTA  105 

changed  for  a  period  of  five  years,  except  as  heretofore  provided,  and 
on  the  request  of  at  least  two-thirds  of  the  school  boards  of  the  county. 

ii;5(>.  Prohibition  on  Teachers]  No  school  teacher,  county 
or  city  ^superintendent,  or  member  of  any  county  board  of  education 
within  the  state  of  South  Dakota  shall  be  allowed  to  receive  any 
emolument,  cash  or  otherwise  from  any  publisher  or  publishers,  of 
school  books,  in  payment  for  a  vote  or  a  promise  to  vote  for  or  use 
their  influence  for  any  book  or  books  to  be  used  in  the  schools  under 
their  charge.  Neither  shall  any  agent  or  other  person  be  allowed  to 
give  or  offer  any  emolument  as  heretofore  described  nor  promise  of 
work  nor  other  inducement  to  any  teacher,  county  or  city  superintend- 
ent, or  member  of  any  county  board  of  education  or  other  board  of 
education,  for  any  vote  or  promise  to  vote,  or'to  use  their  influence  for 
any  book  or  books  to  be  used  in  the  schools  under  their  charge; 

Provided,  that  nothing  in  this  section  shall  be  construed  to  pre- 
vent any  school  official  from  receiving  a  reasonable  number  of  sample 
copies  for  investigation,  with  a  view  to  obtain  information  as  to  the 
books  or  series  of  books  for  which  such  official  shall  cast  his  vote; 

Provided,  that  nothing  in  this  section  shall  be  construed  to  pre- 
vent any  teacher  from  obtaining  employment  from  any  publishing 
house,  in  schools  not  under  their  direct  charge.  Any  person  violating 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor. 

Provided,  that  there  shall  be  exempted  from  the  provision  of 
this  article  all  school  corporations  of  cities  owning  and  using  a  sys- 
tem of  text-books. 


ARTICLE  XV 

Sec.  237.  Plans  for  School  Buildings  Approved  by  State  Superin- 
tendent] In  order  that  due  care  may  be  exercised  in  the  heating, 
lighting  and  ventilation  of  public  school  buildings  hereafter  erected, 
no  school  house  shall  be  erected  by  any  board  of  education  or  school 
district  board  in  this  state  until  the  plans  and  specifications  for  the 
same  showing  in  detail  the  proper  heating,  lighting  and  ventilation  of 
such  building  shall  have  been  approved  by  the  superintendent  of  pub- 
lic instruction. 

School  houses  shall  have  in  each  class  room  at  least  fifteen  square 
feet  of  floor  space,  and  not  less  than  two  hundred  cubic  feet  of  air 
space,  per  pupil,  and  shall  provide  for  an  approved  system  of  heating 
and  ventilation  by  means  of  which  each  class  room  shall  be  supplied 
with  fresh  air  at  the  rate  of  not  less  than  thirty  cubic  feet  per  minute 
for  each  pupil,  and  have  a  system  of  heating  capable  of  maintaining 
an  average  temperature  of  seventy  degrees  Fahrenheit  during  the 
coldest  weather. 


106  SCHOOL  LAWS 

ARTICLE  XVI 

Sec.  238.  Study  of  Physiology  and  Hygiene  in  the  Public 
Schools]  In  addition  to  the  branches  in  which  instruction  is  now  re- 
quired by  law  to  be  given  in  all  schools  supported  wholly  or  in  part  by 
public  money,  instruction  shall  also  be  given  as  to  the  nature  of  alco- 
holic drinks  and  narcotics,  and  special  instruction  as  to  their  effects 
upon  the  human  system,  in  connection  with  the  several  divisions  of  the 
subject  of  relative  physiology  and  hygiene.  And  such  subjects  shall 
be  taught  as  thoroughly  as  arithmetic  and  geography  are  taught  in 
said  schools.  Such  instructions  shall  be  given  orally  to  pupils  who 
are  not  able  to  read,  and  shall  be  given  by  the  use  of  text-books  in 
the  case  of  pupils  who  are  able  to  read.  And  such  instruction  shall  be 
given  as  aforesaid  to  all  pupils  in  all  public  schools  in  the  state. 

Sec.  239.  The  text-books  used  for  the  instruction  required  to 
be  given  by  the  preceding  section  shall  give  about  one-fourth  of  their 
space  to  the  consideration  of  the  nature  and  effects  of  alcoholic  drinks 
and  narcotics;  and  the  books  used  in  the  higher  grade  of  graded 
schools  shall  contain  at  least  twenty  pages  of  matters  relating  to  this 
subject,  but  no  book  in  which  the  required  amount  of  this  subject 
shall  appear  in  whole  or  in  part  as  a  separate  chapter  at  the  end  of 
the  book  shall  be  considered  as  complying  with  the  requirements  of 
the  statute.  Text-books  on  physiology  in  use  in  the  schools  at  the 
time  this  act  takes  effect,  which  are  net  in  accordance  with  'he  re- 
quirements of  this  section,  shall  be  changed  for  books  satisfying  the 
requirements  of  this  section  except  when  previous  contracts  as  to  such 
text-books  are  now  in  force. 

Sec.  240.  No  certificate  shall  be  granted  to  any  person  to  .teach 
in  the  public  schools  of  the  state  or  in  any  of  the  educational  institu- 
tions receiving  money  from  the  state,  after  the  first  Monday  of  July, 
A.  D.  nineteen  hundred  six  (1906),  who  has  not  passed  a  satisfactory 
examination  in  physiology  and  hygene,  with  special  reference  to  the 
effects  of  alcoholic  drinks,  stimulants  and  narcotics  upon  the  human 
system. 

Sec.  241.  And  be  it  enacted,  that  it  shall  be  the  duty  of  county 
and  city  superintendents  and  boards  of  all  educational  itstitutions  re- 
ceiving aid  from  the  state  to  report  to  the  state  superintendent  of  pub- 
lic instruction  any  failure  or  neglect  on  the  part  of  the  boards  of  school 
trustees,  boards  of  education  and  boards  of  all  educational  institutions 
receiving  aid  from  the  state  to  make  proper  provision,  in  any  and  all 
the  schools  under  their  jurisdiction,  for  instruction  in  the  nature  of 
alcoholic  drinks  and  narcotics  and  their  effect  upon  the  human  sys- 
tem, in  connection  with  the  several  divisions  of  the  subject  of  relative 
physiology  and  hygiene,  as  required  by  this  act;  and  such  failure  on 
the  part  of  trustees,  boards  of  education  and  boards  of  educational 
institutions  receiving  money  from  the  state,  thus  reported  or  other- 


SOUTH  DAKOTA  107 

wise  satisfactorily  proved,  shall  be  deemed  sufficient  cause  for  which 
the  warrant  shall  ue  withheld  for  the  state  appropriation  of  school 
money  to  which  such  district  or  educational  institutions  would  other- 
wise ba  entitled. 


ARTICLE  XVII 
School  Corporations 

242.  Relating  to  Independent  School   Districts]      All  inde- 
pendent school  districts  organized  as  independent  school  districts  by 
special  act  or  charter,  that  at  the  time  of  organization  included  within 
their  boundaries  an  inncorporated  city,  town  or  village  organized  by 
special  act  or  charter,  that  has  subsequently  organized  and  is  now  a 
city  under  the  general  law  for  the  government  of  cities,  and  such  in- 
dependent school  district  has  continued  to  act  under  the  special  act 
or  charter  organizing  said  independent  school  district,  shall  reorganize 
and  be  governed  by  the  general  law  for  the  government  of  schools  in 
cities   and   towns   and    adjacent   territory   organized    as    indnependent 
school  districts. 

243.  The   boundaries  of  such   independent  school   districts 
shall    remain    the   same   as    under   the    special   act   or   charter    unless 
changed  in   accordance  with   the  provisions   of  law   for  changing  the 
boundaries  of  such   independent  school   districts.      Provided,   this  act 
shall  not  apply  to  any  independent  school  district,  any  part  of  which 
is  in  more  than  one  county. 

.  244.  That  whenever  the  city  within  the  boundaries  of  any 
school  district  is  divided  into  wards,  it  shall  be  the  duty  of  the  coun- 
cil of  said  city,  on  or  before  the  first  Monday  in  April,  1905,  to  at- 
tach to  said  wards  the  adjacent  territory  within  said  independent 
school  district,  and  not  within  the  limits  of  said  city,  and  at  the  en- 
suing city  election  there  shall  be  elected  a  board  of  education,  as  pro- 
vided for  by  article  eleven  of  this  act.  The  board  of  education  so 
elected  shall  meet  and  organize  on  the  first  Monday  succeeding  their 
election  and  shall  at  said  meeting  determine  by  lot  which  of  said 
members  shall  hold  for  two  years  and  which  for  one  year.  That  after 
said  organization  said  independent  school  district  shall  be  deemed  to 
be  organized  under  the  general  law,  and  the  special  act  or  charter  or- 
ganizing said  independent  school  district  shall  thereafter  and  thereby 
be  annulled. 

Provided,  that  until  such  annullment,  the  act  of  the  officers  of 
said  independent  school  districts  are  hereby  validated  and  legalized 
and  the  reorganization  of  all  cities,  towns  and  villages  herein  referred 
to  is  hereby  validated  and  legalized. 

24.~>.      It  being  one  of  the  purposes  of  this  act  to  re-arrange, 


108  SCHOOL  LAWS 

collect  and  codify  the  laws  of  the  state,  relating  to  the  public  school, 
therefore  Chapter  22  of  the  Revised  Political  Code  of  1903,  of  South 
Dakota,  and  Chapters  75,  126,  127,  128,  129,  130,  131,  132  and  133  of 
the  Session  Laws  of  1903;  and  Chapters  68,  99,  100,  102,  103,  158  and 
162,  of  the  Session  Laws  of  1905,  and  all  other  acts  and  parts  of  acts 
in  conflict  with  this  act,  are  hereby  repealed.  (Session  Laws  1909.) 

Sec.  246.  Appropriation  Authorized]  That  the  city  councils  of 
all  cities  within  this  state,  the  school  boards  of  all  cities  within  this 
state,  and  trustees  and  school  boards  of  all  towns  and  villages,  and 
the  county  commissioners  of  all  counties  within  this  state,  are  hereby 
authorized  and  empowered  in  their  discretion,  to  appropriate  funds 
for  the  purpose  of  defraying  the  necessary  expenses  of  a  proper  ob- 
servance of  Memorial  Day  each  year. 

Sec.  247.  Duty  of  County  Judge]  Whenever  complaint  is 
made  by  the  superintendent  of  the  South  Dakota  school  for  the  deaf  or 
the  South  Dakota  school  for  the  blind  or  by  any  other  person  before 
any  county  judge  of  the  state  of  South  Dakota,  that  any  deaf  or 
blind  child  of  proper  age  is  being  deprived  of  proper  education,  by 
the  refusal  or  neglect  of  its  parents,  guardian  or  custodian,  and  it 
shall  appear  that  such  deaf  or  blind  child  is  a  resident  of  the  county 
wherein  complaint  is  made,  it  shall  be  the  duty  of  such  judge  to  sum- 
mon such  parents,  guardian  or  custodian  before  him;  and  if  any  ma- 
terial facts  are  disputed,  it  shall  be  the  duty  of  such  judge  to  sum- 
mon and  examine  witnesses  as  to  the  facts,  and  if  proofs  be  sufficient 
to  establish  the  facts  set  forth  in  the  complaint,  or  the  facts  be  ad- 
mitted, said  county  judge  in  his  discretion  shall,  after  considering  the 
wellfare  of  such  child  and  the  wellfare  of  its  parents,  order  such  deaf 
or  blind  child  sent  to  some  public  or  private  school  for  the  education 
of  the  deaf  or  blind  as  the  case  may  be  but  in  no  case  so  as  to  cause 
any  expense  to  be  made  against  such  county  except  as  hereinafter  pro- 
vided. (Chapter  140  Session  Laws  1911.) 

Sec.  248.  Expense — By  Whom  Paid]  If  in  the  judgment  of 
such  county  judge  the  parents,  guardian  or  custodian,  are  properly 
chargeable  with  the  expense  of  transporting  such  child  to  such  institu- 
tion and  are  financially  able  to  do  so  then  the  said  judge  shall  ordar 
and  adjudge,  that  the  said  parents,  guardian  or  custodian  shall  defray 
such  expense,  but  if  otherwise  the  expense  of  such  transportation  sha»l 
be  paid  from  the  county  poor  fund  of  such  county. 

Sec.  249.  Refusal  to  Obey]  Any  parent,  guardian  or  custodian 
of  any  such  deaf  or  blind  child,  who  shall  refuse  or  neglect  to  obey 
any  order  of  any  such  county  judge  duly  made  as  provided  in  this  act 
shall  be  deemed  guilty  of  a  contempt  of  court  and  subject  to  the 
penalties  thereof. 

Sec.  250.     Duty  of  Superintendents  of  Schools]      It  shall  be  the 


SOUTH  DAKOTA  109 

duty  of  every  county,  or  city  superintendent,  of  schools  to  send  to  the 
siiiK'iintendent  of  the  school  for  the  blind  at  Gary,  South  Dakota,  the 
names  of  all  blind  children  of  proper  school  age  residing  in  his  county 
or  city;  and  to  send  to  the  superintendent  of  the  school  for  the  deaf 
at  Sioux  Falls,  South  Dakota  the  names  of  all  deaf  children  of  proper 
age,  residing  in  his  county  or  city,  whenever  the  residence  of  such 
•tive  children  within  their  jurisdiction  becomes  known  to  them, 
and  the  said  superintendents  for  the  respective  institutions  for  the 
blind  and  deaf  shall  take  all  necessary  action  to  provide  that  such 
defective  children  shall  be  given  the  advantages  of  proper  education. 

1>51.     Notice  to  Attend  School  for  Blind.]      Whenever  it  shall 
to  the  notice  or  knowledge  of  the  County     Superintendent     of 
•>ls  of  any  County  in  this  State,  that  any  person  residing  in  such 
•?t ween  the  ages  of  six  and  thirty  years,  by  reason  of  blind- 
either  partial  or  total,  has  not  received  and  if  unable  to  receive 
the  full  benefits  of  the  public  schools  and  is  not  regularly  attending  a 
1  for  the  blind,  and  has  not  received  a  full  course  of  instruction 
in  any  institution  for  the  blind  and  is  in  need  of  such  instruction,  it 
shall  be  the  duty  of  such  County  Superintendent  of  Schools  to  forth- 
with   notify   and   require   the   parent,    guardian    or    custodian    of   such 
person  to  send  such  person,  forthwith  to  the  South  Dakota  School  for 
•  I  in  case  such  parent,  guardian  or  custodian  shall,  for  the 
space  of  ten   days  after  such   notice,   refuse   or  neglect  to   send   such 
person   to   said   school   for   the   blind,    such    County   Superintendent   of 
Schools  shall  make  complaint  before  the  County  Judge  of  such  County, 
setting  forth  the  age  and  place  of  residence  of  such  person  and  that 
such  blind  or  partially  blind  person  is  being  deprived  of  an  education  by 
the  refusal   or  neglect  of  his  or  her  parents,   guardian   or   custodian, 
upon  such   County  Judge  shall  investigate  such  matter  and 
ii  order  and  take  such  proceedings  as  are  or  may  hereafter  be 
L-d  by  law.      (Chapter  187,  Session  Laws  1913.) 

2.~i>.      Free   Education  for  Blind.]      All   persons,   resident   of 
this  state,  between  the  ages  of  six  and  thirty  years,  who  by  reason  of 
blindness,  either  partial  or  total,  have  not  received  and  are  unable  to 
•  full  b.'ii»f!ts  of  the  public  schools,  and  who  shall  be  capable 
of  receiving  instruction,  and  who  are  free  from  contagious  or  chronic 
-es  and  physically  fit  to  attend  such  school  shall  upon  application 
to  the  Superintendent  of  the  South  Dakota  School  for  the  Blind,  be  re- 
ceived and  taught,  free  of  charge,  at  such  school  and  shall  be  entitled 
eive  an  education  of  at  least  ten  years  at  the  expense  of  the  State 
of  South  Dakota  at  the  said  institution  for  the  support  and  education 
of  the  Mind,  if  within  the  age  limit    prescribed  in  this  section;  and  the 
any  pupil  or  pup;ls  shall  have  spent  in  any  institution   for 
of  the  blind  shall  be  deducted  from  the  ten  years  u- 

' T,    that   all    pupils  shall,    in   any   event,    oe 


110  SCHOOL  LAWS 

entitled  to  such  support  and  education  until  they  shall  have  arrived 
at  the  age  of  eighteen  years.  Any  pupils  under  the  age  of  six  years  or 
over  the  age  of  thirty  years  may,  when  circumstances  warrant  or  re- 
quire it,  with  the  approval  of  a  majority  of  the  state  board  having  con- 
trol of  said  school,  be  received  and  taught  therein  as  herein  provided. 
Like  pupils  may  be  received  from  without  the  state  upon  payment  to 
the  Superintendent  of  such  school  for  the  Blind,  for  the  use  and  bene- 
fit of  such  school,  of  such  charges  for  board,  tuition  and  care,  as  shall 
be  fixed  by  the  state  board  having  control  of  such  institution;  but 
no  pupil  from  without  the  state  shall  be  received  to  the  exclusion  of 
any  pupil,  resident  of  this  state  from  any  of  the  privileges  or  benefits 
of  the  school.  If  in  the  judgment  of  the  state  board  having  control  of 
said  institution,  upon  recommendation  of  the  Superintendent  of  the 
said  school  a  pupil  is  capable,  and  by  reason  of  general  fitness  is  qual- 
ified to  receive  advanced  instruction  for  the  purpose  of  fitting  such 
pupil  to  enter  college  or  higher  institution  for  the  blind,  such  pupil 
shall  be  entitled  to  attend  said  school  for  a  term  not.  to  exceed  three 
years,  in  addition  to  the  term  hereinbefore  specified,  and  the  age  of 
such  pupil  shall  not  disqualify  him  or  her  from  receiving  such  addi- 
tional instruction  preparatory  to  entrance  to  a  colelge  or  higher  in- 
situation  for  the  blind.  All  pupils  shall  freely  and  equally  enjoy  all 
the  benefits  and  privileges  of  the  school,  and  have  the  use  of  the  li- 
brary and  books  of  instruction,  and  receive  tuition,  board,  washng, 
lodging,  attendance,  medical  care,  etc.,  without  preference  or  dis- 
tinction. All  pupils  shall  be  treated  with  the  most  considerate  re- 
gard for  their  misfortune,  and  always  with  kindness  and  humanity,  and 
the  board  shall  carefully  enforce  this  provision. 

It  shall  be  the  duty  of  the  person  sending  such  blind  or  partially 
blind  person  to  such  school,  to  thereupon  pay  to  the  Superintendent  of 
such  school  an  amount  of  money  sufficient  to  purchase  for  such  pupil 
a  return  ticket  to  its  home,  and  also  to  deposit  with  said  Superinten- 
dent the  sum  of  Ten  Dollars  additional  which  may  be  used  by  such 
Superintendent  in  the  purchase  of  necessary  clothing  and  in  defraying 
other  incidental  expenses  of  such  pupil;  and  at  the  close  of  the  school 
year,  or  whenever  such  pupil  ceases  to  attend  such  school,  it  shall  be 
the  duty  of  such  Superintendent  to  furnish  such  pupil  a  return  ticket, 
and  to  return  the  unexpended  balance  of  such  .deposit,  together  with 
an  itemized  statement  showing  all  moneys  expended  by  such  Superin- 
tendent for  clothing  or  incidental  expenses  of  such  pupil,  as  afore- 
said. 

In  case  the  parent,  guardian  or  custodian  of  such  blind  or  par- 
tially blind  person,  residing  in  this  state,  shall  be  unable  to  pay  the 
railroad  fare  for  such  person  and  make  the  deposit  hereinbefore  pro- 
vided for,  it  shall  be  the  duty  of  the  Board  of  County  Commissioners 
of  the  County  in  which  such  person  resides  to  advance  and  pay  such 


SOUTH  DAKOTA  111 

and  such  deposit  upon  requisition  of  the  Superintendent 
•iiool  for  the  blind,  approved  by  the  state  board  having  control 
of  said   institution.      (Chapter   187,   Session  Laws  1913.) 


Aid   For  the  Common  Schools. 

2.-i2n.  (  I  )  Appropriation]  There  is  hereby  appropriated  out 
e  general  fund  of  the  State  of  South  Dakota  the  sum  of  Twenty- 
Thousand  Dollars  ($25,000.00),  in  aid  of  the  common  schools  of 
this  state,  available,  Twelve  Thousand  Five  Hundred  Dollars  ($12,500.- 
:or  the  fiscal  year  ending  June  30,  1914,  and  Twelve  Thousand 
Hundred  Dollars  ($12,500.00)  for  the  fiscal  year  ending  June  30, 

Chapter  90,  Session  Laws  1913.) 

Paragraphs   2,    3,    4   and    5   of  this  section   were  omitted   as   they 
imilar  to  the  same  paragraphs  in  section  252b. 


2.V21).  Appropriation.]  There  is  hereby  appropriated  out  01 
the  general  fund  of  the  State  of  South  Dakota  the  sum  of  Fifteen 
Thousand  Dollars  ($15,000.00)  for  the  fiscal  year  ending  June  30, 

.  and  Fifteen  Thousand  Dollars  ($15,000.00)  for  the  fiscal  year 
ending  June  30,  1917,  in  aid  of  the  common  schools  of  this  state. 

(2)  Manner  of  Distribution.]  The  amount  so  appropriated 
shall  be  annually  divided  among  and  distributed  to  the  several  counties 
of  this  State  for  the  use  and  benefit  of  and  in  aid  of  the  common 
schools  thereof,  and  the  county  treasurer  of  each  county  receiving 
such  aid  shall  re-divide  and  re-distribute  the  same  to  and  for  the  use 
and  benefit  of  the  common  schools  of  his  county  in  proportion  to  the 
acreage  of  indemnity  and  endowment  lands  owned  by  this  State  in  each 
respective  school  district  situated  therein;  provided,  that  the  amount 
received  by  any  school  district  in  any  year  shall  not  exceed  the  equi- 

t  of  five  cents  per  acre  for  each  and  every  acre  of  State  owned  in- 
demnity and  endowment  lands  situated  within  such  school  district. 
Provided,  further,  that  no  school  shall  receive  under  the  terms  of  this 
>  year  an  amount  in  excess  of  $250.00. 

\<  t    To   Be    Used   For   Purchasing   Site.]     .  Xo    part    of    the 
reby  appropriated  shall  be  available  for  or  be  used  for  the 
purchase  of  any  school  site  or  the  erection  of  any  school  building. 

(  1  )       Pi;  ner   of   School    and   Public    Lands.]       Iti 

shall  be  the  duty  cf  the  Commissioner  of  School  and  Public  Lards  to 
supply  the  several  county  auditors  of  this  State  the  description  of  all 
unsold  state  indemnity  and  endowment  lands  situated  within  the  or- 
ganized school  districts  of  his  county. 

MnniMM-  or  lv..\iiM'nt.l  The  State  auditor  is  hereby  author- 
ized to  issue  warrants  on  the  above  appropriation  on  vouchers  approv- 
ed by  the  Commissioner  of  School  and  Public  Lands,  and  the  £ 


112  SCHOOL  LAWS 

Treasurer  is  authorized  to  pay  the  same.      (Chapter  'Jo,  Session   ! 
1915.) 


State  Hoard  of  Regents  of  Education 

Sec.  253.  The  control  of  the  educational  institutions  of  the  state 
which  are  sustained,  wholly  or  in  part  by  the  state,  shall  be  vested 
in  a  board  of  five  regents,  appointed  by  the  governor,  by  and  with  the 
consent  of  the  senate,  and  whose  term  of  office  shall  be  for  six  years 
from  and  after  the  first  day  of  January  immediately  proceeding  the  ap- 
pointment and  confirmation,  and  until  his  successor  is  duly  qualified, 
unless  sooner  removed.  All  expiration  of  terms  shall  occur  on  the 
first  day  of  January  of  each  odd  or  legislative  year,  and  all  appoint- 
ments for  full  term  must  be  made  before  the  first  day  of  February  of 
the  regular  biennal  legislative  year,  and  shall  be  so  made  to  fill  all 
vacancies  on  said  board  arising  either  by  expiration  of  term  or  from 
any  other  cause  whatsoever,  except  as  is  hereinafter  provided.  (Sec. 
196,  Pol.  C.) 

Sec  254.  They  shall  be  persons  of  probity  and  wisdom  and  se- 
lected from  among  the  best  and  the  best  known  citizens,  residents  of 
the  different  portions  of  the  state,  none  of  whom  shall  reside  in  the 
counties  in  which  any  of  the  state  educational  institutions  are  located, 
and  shall  be  so  selected  from  among  the  different  political  parties,  of 
the  state  as  exist  at  the  time  of  making  the  appointments  to  such 
boards.  (Sec.  197,  Pol.  C.) 

Sec.  255.  In  case  a  regent  of  education  shall  die,  resign,  remove 
from  the  state,  or  for  any  other  reason  vacate  his  office  or  become 
permanently  disqualified  from  performing  its  duties,  the  governor  of 
the  state  shall  fill  the  vacancy  by  suitable  and  prompt  appointment, 
and  such  appointee  shall  be  clothed  with  full  authority  as  a  regent,  but 
his  term  of  service  shall  cease  and  expire  with  the  next  legislative 
session,  unless  sooner  confirmed  by  the  senate.  But  the  governor 
shall  not  have  power  to  fill  any  vacancies  caused  by  the  refusal  of  the 
senate  to  confirm,  nor  vacancies  caused  by  his  own  neglect  to  nomi- 
nate to  the  senate  in  time  for  confirmation.  (Sec.  198,  ^o!.  C.)  - 

Sec.  256.  Upon  their  appointment  and  confirmation  they  shall 
each  take  an  oath  of  office  before  a  proper  officer  to  support  the  con- 
stitution of  the  United  States  and  of  this  state,  and  to  perform  his 
duties  as  a  regent  of  education  tothe  best  of  his  ability,  before  taking 
his  seat  as  a  regent,  which  said  oath  shall  be  filed  in  the  office  of  the 
secretary  of  state.  (Sec.  199,  Pol.  Co.) 

Sec.  257.  The  regents  of  education  shall  hold  two  regular  meet- 
ings each  year,  one  to  be  known  as  the  annual  meeting  and  one  as  the 
semi-annual  meeting,  at  such  stated  times  as  shall  best  subserve  the 
interests  of  the  institutions  under  their  control.  .Extra  meetings  may 


SOUTH  DAKOTA  113 

•e  held  in  case  of  weighty  emergency,  on  the  call  of  the  president 

joint  request  of  a  majority  of  the  members,  due  and  reasonable 

-  being  given.     Three  regents  shall  constitute  a  quorum 

oing  business,  but  two  may  adjourn  from  day  to  day.     (Sec.  200, 

Pol.  C.) 

IMS.     At  the  annual   meeting  of  the  board   there  shall   be 

•  d  from  among  the  members  thereof  a  president,  and  they  shall 

also  elect  a  secretary,  whose  respctive  terms  of  office  shall  be  fore  one 

and  all  elections,   except  to  fill  vacancies,  shall  be  held  at  such 

meeting.     (Sec.  201,  Pol.  C.) 

•2.19.      To  facilitate  their  work,  the  regents  of  education  shall 
power  to  appoint  of  their  own  members  such  committees  as  seem 
desirable,  but  they  shall  appoint  a  standing  committee  of  regents  for 
institution  under  their  control,  whose  chairman  may  be  charged 
ieni  and  under  their  rules  with  certain  executive  duties  in  con- 
on  with  the  institution  for  which  he  was  appointed,  and  which 
may  need  attention  during  the  interim  of  board  meetings.     They  are 
empowered  to  employ  a  competent  stenographer  and  bookkeeper. 
(Sec.  202,  Pol  C.) 

I 

See.   260.     The   failure   of  any   regent   to   attend   two   successive 

regular  meetings  as  herein  provided  may  be  construed  by  the  governor 

as  a  resignation  and  he  may  proceed  to  fill  the  vacancy  unless  such  ab- 

s    were    on    account    of    temporary    disabling    sickness    or    other 

ly  valid   reason  accepted  by  the  regents  at  their  next  meeting. 

(Sec.  203,  Pol.  C.) 

Sec.  261.      The  regents  of  education  shall  become,  and  they  and 

successors  in  office  shall  continue  to  be  a  legal  corporation,  or 

body  corporate,  with  power  to  sue  and  be  sued,  to  hold  and  manage 

fully,  for  the  purposes  for  which  these  educational  institutions  were 

iished,  any  property  belonging  to  said  institutions,  collectively 
or  severally,  of  which  they  shall  in  any  manner  become  possessed. 
(Sec.  204,  Po.  C.) 

262.  They  shall  have  the  power  to  make  contracts  for  ser- 
the  erection  of  buildings,  the  purchase  of  all  lands,  materials  and 
supplies  needed;  and  in  the  carrying  out  of  such  contracts  they  shall 
have  the  power  to  expend  moneys,  to  exact  and  collect  penalties,  and 
to  purchase  or  sell  property  within  the  limitations  of  the  state  and 
national  laws;  provided,  that  all  contracts  for  the  erection  and  re- 
pairs of  buildings,  or  for  the  purchase  of  fuel  or  other  ordinary  sup- 
plies exceeding  in  value  two  hundred  dollars  shall  be  by  means  of 
publicly  advertised  competing  bids  and  public  letting;  and  provided 
further,  that  no  regent  shall  be  directly  or  indirectly  pecuniarily  inter- 
ested in  such  contract,  and  they  may  as  a  board  bring  suit  in  the  pro- 
per court  having  jurisdiction,  in  the  name  of  the  regents  of  education, 


114  SCHOOL  LAWS 

to  enforce  any  contract  made  by  them  as  such  board,  and  may  also 
bring  suit  in  all  matters  relating  to  such  property,  or  to  the  care,  cus- 
today,  control,  management  or  improvement  thereof,  and  it  is  hereby 
made  the  duty  of  the  attorney  general  to  prosecute  any  such  suit  upon 
the  request  of  said  board.  Any  moneys  collected  upon  any  judgment 
obtained  Hinder  the  provisions  of  this  article  shall  be  paid  into  the 
treasury  for  the  benefit  of  the  educational  institutions,  and  credited 
to  the  proper  fund  or  funds. 

It  being  intended  by  this  section  to  confer,  and  it  does  confer  upon 
the  regents  of  education  all  powers  usually  exercised  by  such  boards 
and  which  are  necessary  to  the  proper  legal  management  of  the  educa- 
tional institutions  placed  under  their  control,  and  the  property  belong- 
ing to  the  same.  (Sec.  205,  Pol.  C.) 

Sec.  263.  Any  regent  is  authorized  to  administer  oaths  and  ex- 
amine witnesses  whenever  necessary  in  the  performance  of  the  duties 
of  the  board.  (Sec.  206,  Pol.  C.) 

Sec.  264.  The  regents  of  education  in  their  capacity  as  a  board 
and  for  the  purpose  of  exercising  proper  control  over  those  institutions 
of  learning  which  are  placed  in  their  care,  shall  have  full  power  to 
employ  or  dismiss  all  members  of  the  faculties  of  instructions  of  said 
institutions,  all  assistants,  foremen,  secretaries,  laborers  or  other 
agents  necessary  to  the  proper  management  of  the  institutions,  to  de- 
termine their  number,  their  qualifications,  define  their  duties,  fix  the 
period  or  term  of  their  employment,  and  the  rate  and  manner  of  their 
compensation;  provided,  that  no  person  shall  be  employed  or  dis- 
missed by  reason  of  any  sectarian  or  political  opinions  held.  (Sec. 
207,  Pol.  C.) 

Sec.  265.  The  regents  of  education  shall  have  full  power,  to 
authorize  for  the  institution  under  their  control  such  departments 
and  courses  of  study  as  they  may  think  best,  to  determine  what  text- 
books shall  be  used,  what  requirements  for  the  admission  and  gradua- 
tion of  students  shall  be  maintained,  what  rules  shall  be  enacted  and 
enforced  for  the  government  of  students,  and  said  regents  shall  have 
power  to  make  all  other  rules  and  regulations  for  the  wise  and  suc- 
cessful current  management  of  the  schools  under  their  control.  And, 
further,  they  are  hereby  empowered  to  delegate  provisionally  any  of 
the  authority  given  in  this  section  to  the  presidents,  deans,  principals 
or  faculties  of  instruction  of  said  schools,  as  in  the  judgment  of  said 
regents  may  be  proper  or  as  may  be  in  accordance  with  the  usual  cus- 
tom in  such  cases.  (Sec.  208,  Pol.  C.) 

Sec.  266.  They  shall  fix  all  rates  of  tuition  and  other  fees  to  be 
paid  by  students,  but  such  rates  shall  be  the  same  in  all  the  different 
institutions.  They  may  receive  in  any  one  of  the  institutions  under  their 
control,  free  of  tuition,  two  students  appointed  by  each  state  senator, 
and  one  by  each  representative  of  the  state  legislature,  which  appointees 


SOUTH  DAKOTA  115 

shall  be  residents  of  their  respective  districts,  or  counties  and  whose 
terms  shall  expire  with  the  term  of  office  of  said  senator  or  representa- 
PROVIDED,  that  such  appointees  shall  comply  with  all  the  rules 
and  requirements  of  the  institutions  which  they  desire  to  enter.  No 
student,  however,  shall  receive  any  other  gratuity  whatever.  (Sec. 

nator  may  make  only  two  appointments  and  a  reprsentative  only 
luring:  their  term  of  two  years.  Opinion  by  Philo  Hall,  Attorney 
ral. 

:olarship  expires  with  the  expiration  of  the  senator's  t«-rm.  Opin- 
C.  Johnson.  Attorney  General. 

.  267.  All  persons,  and  the  orphans  of  such  persons  residing 
in  this  state,  who  served  sixty  days  or  more  in  the  army  or  navy  of  the 
United  States  during  our  late  war  against  Spain  and  who  have  been 
honorably  discharged  from  such  service,  shall  be  admitted  to  attend 
any  state  institution  of  this  state  during  good  behavior,  and  shall  be 
required  to  pay  no  tuition  for  such  privilege;  PROVIDED,  that  they 
shall  be  subject  to  the  rules  and  requirements  governing  such  schools 
as  they  may  desire  to  attend.  (Sec.  210,  Pol.  C.) 

268.  The  regents  of  education  are  hereby  expressly  forbidden 
to  continue  or  to  create  chairs,  departments,  laboratories,  libraries,  or 
other  equipment  in  multiplication,  except  where  the  obvious  needs  of 
the  special  work  of  the  schools  make  such  multiplication  necessary.  In 
all  things  the  regents  are  to  adminsiter  the  schools  in  such  a  manner 
as  to  enable  each  one  of  them  to  do  in  the  best  manner  its  own  speci- 
ork,  but  all  with  a  view  to  the  strictest  economy,  and  so  as  to 
unify  and  harmonize  the  entire  work  of  all  the  schools  under  their 
control.  (Sec.  211,  Pol.  C.) 

S<><-.  269.  The  regents  of  education  are  authorized  to  confer  all 
scholastic  honors  and  degrees  usually  granted  by  such  boards;  but  all 
degrees,  diplomas  and  certificates  of  graduation  shall  be  issued  and 
conferred  in  their  name  and  by  their  express  authority.  In  confering 
degrees  the  regents  shall  conform  as  nearly  as  may  be  to  the  best  and 
most  reputable  current  practice  in  such  matters.  Students  shall  be 
graduated  from  any  one  of  these  instiutions  by  the  regents  of  education 
upon  recommendation  of  the  appropriate  faculty  of  that  institution.  A 

iicate  of  graduation  from  a  full  course  in  any  one  of  the  normal 
schools  or  from  the  state  university,  provided  the  graduate  of  the 
university  has  taken  a  course  in  pedagogy  as  given  in  that  institution, 
shall  be  a  license  valid  for  five  years  to  teach  in  any  of  the  public 
schools  of  this  state.  (Sec.  212  Pol.  C.) 

board  of  regents  must  confer  appropriate  scholast: 

graduates  of  the  South   Dakota  Agricultural   College   who   have   completed 
a  full  course  in  a  satisfactory  manner.     Opinioi  EL  Roddlo. 

ral. 

I 

•i.-iit    of    <•  "f    the 

a  laws  of  1907. 


116  SCHOOL  LAWS 

Sec.  270.  The  United  States  agricultural  experiment  station  for 
South  Dakota  being  by  national  law  a  department  of,  and  under  the 
direction  of,  the  agricultural  college,  shall  be  under  the  exclusive  con- 
trol of  the  regents  of  education,  just  as  other  departments  and  insti- 
tutions are  under  their  control.  (Sec.  213,  Pol.  C.) 

Sec.  271.  The  regents  of  education  are  authorized  to  encourage 
and  provide  for  farmers'  institutes  to  be  conducted  by  members  of  the 
agricultural  college  faculty,  or  by  any  one  else  designated  by  said  re- 
gents; and  the  said  regents  are  likewise  authorized  to  encourage  and 
as  far  as  possible  provide  for  any  other  form  of  university  extension 
work  which  is  feasable  and  of  value  to  the  people.  (  Sec.  214,  Pol.  C.) 

Sec.  272.  The  regents  of  education  shall  cause  to  be  made  as  soon 
as  practicable  surveys  of  the  geology,  natural  history,  and  physical 
features  of  the  state  which  surveys  shall  be  carried  on  with  the  view 
of  a  complete  account  of  the  mineral,  vegetable  and  animal  kingdoms, 
as  represented  in  the  state,  together  with  its  physical  features,  In- 
cluding the  several  geological  strata,  ores,  soils,  clays,  coals,  peats, 
artesian  and  other  waters,  marls,  building  and  other  stones  and  ce- 
ments and  other  useful  minerals  and  materials,  scientific  analysis  of 
said  material  and  report  upon  their  economic  value  and  accessibility, 
and  further  including  tests  by  drilling,  digging  or  other  excavation  for 
the  discovery  of  water,  iron,  silver,  gold,  copper,  coal,  gas,  salt  or  other 
valuable  mineral  or  other  material  that  may  from  said  surveys,  ap- 
pear likely  to  exist  in  the  state.  Said  surveys  shall  further  have  in 
view  a  complete  and  scientific  account  of  the  vegetable  and  mineral- 
kingdoms  of  the  state,  including  all  native  and  naturalized  grasses, 
herbs,  plants,  shrubs  and  trees,  insects,  birds  reptiles,  fishes  and  mam- 
malia. (Sec.  215,  Pol.  C.) 

Sec.  273.  They  shall  cause  a  geological  map  of  the  state  to  be 
made  as  soon  as  may  be  practicable,  upon  which  the  various  geo- 
logical formations  shall  be  represented,  and  shall  also  cause  t-o  be  as- 
certained by  barometrical  and  other  observations,  the  elevations  and 
depressions  of  different  parts  of  the  state;  cause  to  be  tabulated  such 
meterological  and  other  observations,  and  statistics  as  may  be  required 
to  account  for  the  variety  of  climate  and  products  of  the  varius  parts 
of  the  state;  and  cause  to  be  compiled,  as  soon  as  practicable  an  ac- 
curate geographical,  physical  and  topographical  map  or  maps  of  the 
state.  (Sec.  216,  Pol.  C.) 

Sec.  274.  The  said  regents  of  education  shall  cause  suitable  speci- 
mens, properly  prepared  secured  and  labeled,  of  all  soils,  rocks, 
ores,  coals,  peats  fossils,  cements,  building  and  other  stones,  plants, 
woods,  skins,  and  skeletons  of  animals,  birds,  insects  and  fishes,  and 
other  mineral,  vegetable  and  animal  substances  and  organisms  dis- 
covered or  examined  in  the  course  of  said  surveys  together  with  re- 


SOUTH  DAKOTA  117 

ports  upon  all  chemical  or  other  scientific  analysis  made  in  connection 
with  said  surveys  and  the  results  of  all  meteorological,  barometrical 
and  other  observations  and  statistics,  to  be  preserved  for  public  in- 
spection and  whenever  the  same  may  seem  to  be  practicable  cause 
duplicates  in  reasonable  numbers  and  quantities  of  said  specimens, 
reports  and  results,  to  be  collected  and  preserved  for  the  purpose  of 
;tnge  with  educational,  scientific  or  other  institutions,  of  which  the 
Smithsonian  Institute  at  Washington,  in  the  District  of  Columbia,  shall 
have  the  preference;  and^  for  the  purpose  of  such  donations  to  edu- 
cational and  scientific  institutions  of  the  state,  as  shall  by  the  said 
regents  of  education  be  deemed  proper.  (Sec.  217  Pol.  C.) 

See.  1*75.  Xo  person  appointed  or  employed  to  carry  out  the  pro- 
visons  of  the  three  preceding  sections  shall  incur  any  expenses  or 
make  known  the  results  of  his  investigations,  except  as  authorized  by 
the  said  regents  of  education.  All  persons  so  appointed  or  employed 
shall  immediately  report  to  the  said  regents  of  education  all  discoveries 

economic  or  scientific  interest  to  the  state  in  general  and  shall 
make,  on  or  before  the  first  of  November  next  preceding  each  regular 
session  of  the  legislature,  a  complete  report  of  the  progress  of  said 
discoveiy,  accompanied  by  such  maps,  drawings,  tables  and  other  speci- 
fications and  exhibits  as  may  be  proper  and  necessary  to  exemplify 
the  same,  and  it  shall  be  the  duty  of  said  regents  of  education  on  or 
before  the  fifteenth  day  of  November  next  preceding  each  regular 
regular  session  of  the  legislature,  to  submit  the  aforesaid  report  of 
reports  to  the  governor,  who  shall  lay  the  same  before  the  legislature, 
and  the  said  regents  of  education,  upon  the  completion  of  any  sep- 
arate portion  or  department  of  the  said  surveys,  shall  cause  to  be 
prepared  a  report  which  shall  embody  all  useful  and  important  in- 
formation accumulated  in  the  investigation  of  said  portion  or  depart- 
ment, which  report  shall  likewise  be  conveyed  through  the  governor 
to  the  legislature.  (Sec.  218,  Pol.  C.) 

S«-c.  276.  The  state  treasurer  shall  be  the  treasurer  of  the  re- 
gents of  education,  and  he  shall  perform  all  the  duties  of  such  office, 
subject  to  such  regulations  as  they  may  adopt,  not  inconsistent  with 
his  other  official  duties,  and  he  and  his  sureties  shall  be  liable  on  his 
official  bond  for  the  faithful  discharge  of  such  duties.  Said  treasurer 
shall  have  authority  to  receive  and  receipt  for  all  moneys  arising  from 
any  source  for  the  use  of  any  of  the  educational  institutions  under 
ontrol  of  the  said  regents,  and  he  shall  keep  such  separate  ac- 
counts of  the  several  funds  as  they  shall  prescribe.  All  moneys  re- 
ceived from  rents  of  dormitories,  tuition  or  other  fees  authorized  by 
the  regents  of  education,  or  from  articles,  products  or  materials  sold 
by  their  authority,  shall  be  collected  by  some  person  designated  by 
said  regents  for  each  institution  to  make  such  collections,  under  pro- 
per bonds,  and  said  person  shall  transmit  to  the  state  treasurer  at  the 


118  SCHOOL  LAWS 

• 

close  of  each  calendar  month  all  moneys  thus  received  by  him  during 
that  month;  and  no  other  person  shall  be  permitted  to  collect  or  hold 
any  money  belonging  to  said  institutions.  Moneys  received  from  the 
national  government,  under  any  of  the  various  grants,  shaL  be  paya- 
ble to  the  state  treasurer,  as  treasurer  of  the  regents  of  education, 
and  shall  .e  receipted  for  by  him.  All  moneys  received  as  interest 
on  the  national  land  grant  funds  or  from  leases  of  the  land  granted 
to  these  institutions  under  the  control  of  the  regents  of  education, 
shall  be  paid  to  the  state  treasurer,  and  shall  be  credited  by  him  to 
the  proper  educational  institutions.  At  o"nce  on  receiving  moneys 
from  any  source  the  state  treasurer  shall  notify  the  secretary  of  the 
regents  of  education  of  the  amount,  the  source  from  which  received, 
and  the  fund  to  which  credited.  (Sec.  219,  Pol  C.) 

Sec.  277.  There  is  annually  and  perpetually  appropriated  to  the 
regents  of  education  for  the  exclusive  and  legal  use  of  the  educational 
institutions  under  their  control  all  moneys  received  from  their  en- 
dowment land  grant  as  interest  or  rent,  all  local  collections  from  fees 
of  any  kind,  or  from  rents  or  sales  authorized,  all  United  States 
money  grants  of  any  kind,  all  moneys  derived  from  any  source  to  be 
used  by  the  regents  of  education  for  the  proper  and  legal  maintet- 
nance  of  the  institutions  under  their  control.  (Sec.  220,  Pol.  C.) 

Sec.  278.  No  expenditures  shall  be  made  except  by  express  au- 
thority of  the  regents  of  education  first  obtained,  and  no  indebtedness 
shall  be  permitted  or  incurred  except  against  funds  already  available 
for  such  purpose,  and  no  expenditure  from  any  fund  shall,  under  any 
circumstances,  be  made  except  for  the  legal  purpose  for  which  said 
fund  exists  and  for  the  institution  to  which  it  belongs.  The  method 
in  detail  of  making  expenditures,  purchases,  etc.,  except  so  far  as 
.they  are  specified  by  this  article,  shall  be  left  to  the  discretion  of  the 
regents  of  education.  (Sec.  221,  Pol.  C.) 

Sec.  279.  Whenever  a  properly  audited  and  authenticated 
voucher  of  the  regents  of  education  is  presented  to  the  auditor  of  state 
it  shall  be  his  duty  to  transmit  promptly  to  the  office  of  the  secretary 
of  the  regents  of  education  his  warrant  for  a  corresponding  sum  on 
the  state  treasurer,  unless  said  voucher  shall  overdraw  the  fund  from 
which  it  is  made  payable.  (Sec.  222,  Pol.  C.) 

Sec.  280.  The  regents  of  education  shall  each  receive  an  an- 
nual salary  of  one  thousand  dollars,  and  their  actual  and  necessary 
expenses  while  engaged  in  the  performance  of  their  official  duties. 
(Chap  197,  Laws  of  1903.) 

Sec.  281.  In  the  general  appropriation  for  state  purposes  the 
sum  of  one  thousand  five  hundred  dollars,  or  so  much  thereof  as  may 
be  needed,  shall  be  porvided  each  year  for  the  expense  of  the  regents 
of  education..  Said  general  appropriation  shall  also  provide  one  thous- 


SOUTH  DAKOTA  119 

and  dollars  each  year  for  the  salary  of  the  secretary  and  stenographer 
of  the  regents  of  education,  and  actual  and  necessary  expenses  and 
disbursements  of  said  secretary.  (Chap.  197,  Laws  1903.) 

.  282.  The  regents  of  education  shall  on  or  before  the  thir- 
day  of  October  previous  to  each  biennal  session  of  the  legisla- 
ture prepare  and  present  to  the  governor  of  the  state  for  his  use  and 
for  the  use  of  the  legislature,  a  full  detailed  report  of  all  their  doings 
for  the  preceding  two  years,  with  a  statement  of  the  work  and  the 
irion  financially  and  educationally  of  all  the  institutions  under 
their  control,  with  such  recommendations  as  they  may  desire  to  make, 
and  with  detailed  estimates  for  legislative  aid,  if  in  their  judgment 
any  is  needed.  They  shall  also  by  themselves  or  their  authorized  rep- 
resentative, attend  upon  the  session  of  the  legislature  whenever  re- 
quired so  to  do  by  a  committee  or  either  house.  They  shall  also  pre- 
pare, or  cause  to  be  prepared  and  transmitted  at  proper  times,  all  re- 
ports required  of  them  by  the  United  States  laws.  (Sec.  225,  Pol.  C.) 


CHARITABLE  AND  EDUCATIONAL  INSTITUTIONS 
School  for  Deaf  Mutes 

350.  The  state  school  for  deaf  mutes,  as  heretofore  estab- 
lished and  located  on  the  southwest  quarter  of  section  number  fifteen, 
in  township  number  one  hundred  and  one  north,  of  range  forty-nine 
west,  in  the  county  of  Minnehaha,  and  within  the  corporate  limits  of 
ity  of  Sioux  Falls,  in  this  state,  shall  continue  as  such  school  and 
shall  be  under  the  charge  and  control  of  the  state  board  of  charities 
and  corrections.  (Sec.  565,  Pol.  C.) 

:5.">1.  It  shall  be  the  duty  of  the  said  board  to  continue  and 
maintain  said  school  for  the  education  of  the  deaf  and  dumb,  and  to 
afford  that  unfortunate  class  so  far  as  possible,  enlightened  and  prac- 
tical education  that  may  aid  them  to  obtain  the  means  of  subsistence, 
discharge  the  duties  of  citizens,  and  secure  all  the  happiness  which 
they  are  capable  of  obtaining.  (Sec.  566,  Pol.  C.) 

.  3.12.      It  shall  also  be  the  duty. of  said  board: 

1.  To  preserve  and  care  for  the  buildings,  grounds,  and  all  the 
property  belonging  to  the  school. 

2.  To  employ  a  superintendent  and  matron,  both  of  whom  shall 
be  skilled  in  the  use  of  the  sign  language,  and  capable  and  efficient  in 
the  instruction,  management  and  care  of  the  deaf  and  dumb;  and  the 
matron  shall  not  be  the  wife  of  the  superintendent  or  any  teacher  or 
officer  of  the  school:  to  prescribe  the  duties  of  the  superintendent  and 
matron,   and   to   fix  their  compensation,   not  to  exceed  one  thousand, 
five  hundred  dollars  per  annum  for  the  superintendent,  and  not  to  ex- 
ceed six  hundred  dollars  per  annum  for  the  matron;   and  said  board 


120  'SCHOOL  LAWS 

shall  have  power  to  employ  such  other  teachers,  assistants,  watchmen 
and  servants  as  the  proper  conduct  and  efficient  management  of  said 
school  may  require,  and  to  fix  the  compensation  for  the  same. 

3.  To  prescribe  such  charges  for  board,  tuition  and  care  of  pu- 
pils received  from  without  the  state  as  will  be  sufficient,  at  least,  to 
pay  all  expenses  thereof,  and  collect  all  such  charges  fixed  by  them. 

4.  To  faithfully  apply  all  funds,  effects  and  property  which  may 
be  received  for  the  use  and  benefit  of  the  school. 

5.,  To  report  to  the  governor  bienially  on  or  before  the  thirtieth 
day  of  October  preceding  the  meeting  of  each  regular  session  of  the 
legislature,  which  report  shall  contain  an  account  of  the  school  during 
the  period  of  the  two  years  preceding,  and  all  matters  of  interest  con- 
nected therewith,  and  a  detailed  statement  of  all  receipts  and  disburse- 
ments of  funds  during  such  years,  and  of  all  funds  in  their  charge. 

6.  To  fix  the  period  of  the  academic  year  of  said  school,  which 
period  shall  not  be  less  than  forty  weeks.  (Sec.  567,  Pol.  C.) 

Sec.  353.  All  deaf  and  dumb  persons,  residents  of  this  state, 
over  six  years  of  age  and  under  twenty-one  years  of  age,  capable  of 
receiving  instruction,  free  from  contagious  or  chronic  diseases,  shall 
be  received  and  taught  free  of  charge.  Like  pupils  may  be  received 
from  without  the  state  upon  payment  to  the  superintendent,  for  the 
use  and  benefit  of  the  school,  of  such  charges  for  board,  tuition  and 
care,  as  shall  be  fixed  by  the  state  board  of  charities  and  corrections, 
but  no  pupil  from  without  the  state  shall  ever  be  received  to  the  ex- 
clusion of  any  pupil  resident  within  the  state  from  any  of  the  privi- 
leges or  benefits  of  the  school.  All  pupils  shall  freely  and  equally 
enjoy  all  the  benefits  and  privileges  of  the  school,  and  have  the  use 
of  the  library  and  books  of  tuition,  and  recive  board,  washing,  lodg- 
ing, attendance,  medical  care,  fuel,  etc.,  etc.,  without  preference  or 
distinction.  And  all  pupils  shall  be  treated  with  the  most  considerate 
regard  for  their  misfortune,  and  always  with  kindness  and  humanity, 
and  the  board  shall  carefully  enforce  this  provision.  (Sec.  568,  Pol.  C.) 


The   University   of   South   Dakota 

Sec.  354.  The  university  of  South  Dakota  as  established  and 
located  at  Vermillion,  in  the  county  of  Clay,  shall  continue  to  be  the 
university  of  the  state,  the  control  of  which  shall  be  vested  in  the 
state  board  of  regents.  (Sec.  575,  Pol.  C.) 

Sec.  355.  The  object  of  the  university  of  South  Dakota  estab- 
lished by  an  act  of  the  legislative  assembly  of  the  Territory  of  Dakota 
entitled  "An  Act  to  Locate  the  University  of  the  Territory  of  Dakota," 
approved  April  21,  A.  D.  1862,  shall  be  to  provide  the  best  and  most 
efficient  means  of  imparting  to  young  men  and  women  on  equal  terms 
a  liberal  education  and  thorough  knowledge  of  the  different  branches 


SOUTH  DAKOTA  121 

of    literature,    the   art   and   sciences,    with    their   varied    applications. 
(Sec.  576,  Po.  C.) 


:5.">0.  The  university,  so  far  as  practicable,  shall  begin  the 
courses  of  study  in  its  colegiate  and  scientific  departments  at  the 
points  where  the  same  are  completed  in  high  schools;  and  no  student 
shall  be  admitted  who  has  not  previously  completed  the  elementary 
studies  in  such  branches  as  are  taught  in  the  common  schools  through- 
out the  state.  No  student  who  shall  have  been  a  resident  of  the  state 
one  year  next  preceding  his  admission,  shall  be  required  to  pay  any 
fees  for  tuition  in  the  university,  except  in  the  law  department  and 
for  extra  studies.  The  board  of  regents  may  prescribe  rates  of  tui- 
tion for  any  pupil  in  the  law  department  or  who  shall  not  have  been 
a  resident  of  the  state  as  aforesaid,  and  for  teaching  extra  studies. 

.  Pol.  C.) 

:{.">7.  The  university  shall  never  be  under  the  exclusive 
control  of  any  religious  denomination  whatever,  and  no  instruction, 
either  sectarian  in  religion  or  partisan  in  politics,  shall  ever  be  al- 
lowed in  any  department  of  the  university.  (Sec.  578,  Pol.  C.) 

.558.  The  university  shall  include  a  collegiate,  scientific,  law, 
normal,  and  such  other  departments  and  have  such  other  courses  of 
instruction  and  elective  studies  as  the  board  of  regents  may  deter- 
mine; and  the  board  shall  have  authority  to  confer  such  degrees  and 
grant  such  diplomas  and  other  marks  of  distinction  as  are  usually 
conferred  and  granted  by  other  universities.  The  board  are  author- 
ized to  employe  such  instructors  and  lectures  for  the  law  department 
of  the  university  as  the  needs  of  the  department  may  require,  and  to 
procure  a  suitable  library  for  the  same.  (Sec.  579,  Pol.  C.) 

:*.">».  The  board  of  regents  shall  enact  rules  for  the  govern- 
ment of  the  university  and  shall  appoint  a  president  and  a  requisite 
number  of  professors  and  tutors,  together  with  such  other  officers  as 
they  may  deem  expedient,  and  shall  determine  and  fix  the  salaries  of 
such  officers.  They  shall  remove  any  officer  connected  with  the  uni- 
versity when  in  their  judgment  the  good  of  the  institution  requires  it. 
r,80,  Pol.  C.) 

:io<).  The  board  of  regents  is  authorized  to  expend  such 
sums  of  money  as  may  be  appropriated  for  the  university  funds  as  it 
deem  expedient  in  the  purchase  of  apparatus,  library  and  a  cabi- 
net of  natural  history,  in  providing  suitable  means  to  keep  and  pre- 
serve the  same,  and  in  procuring  all  other  necessary  facilities  for  giv- 
ing instruction.  (Sec.  581,  Pol.  C.) 

Sec.  361.  All  specimens  of  natural  history  and  geolgoy  and 
mineralogical  specimens  which  are  or  hereafter  may  be  collected  by 
the  state  geologist  or  by  any  others  apointed  by  the  state  to  invest- 


122  SCHOOL  LAWS 

igate  its  natural  and  physical  resources,  or  donated  by  any  person, 
shall  belong  to  and  be  the  property  of  the  university  and  shall  form 
a  part  of  its  cabinet  of  natural  history,  which  shall  be  under  the 
charge  of  the  professor  of  that  department.  (Sec.  582,  Pol.  C.) 

Sec.  362.  The  president  of  the  university  shall  make  a  report 
on  the  15th  day  of  September  preceding  the  meeting  of  the  legisla- 
ture, to  the  board  of  regents,  wichh  shall  exhibit  the  condition  and 
progress  of  the  institution  in  its  several  departments,  the  different 
courses  of  study  pursued  therein,  the  branches  taught,  the  means 
and  methods  of  instruction  adopted,  the  number  of  students,  with 
their  names,  classes  and  residences,  and  such  other  matters  as  he  may 
deem  proper  to  communicate.  (Sec.  583,  Pol.  C.) 

Sec.  363.  The  board  of  regents  shall  on  or  before  the  30th  day 
of  October  in  each  year  preceding  the  regular  meeting  of  the  legisla- 
ture, make  a  report  to  the  governor  in  which  report  the  report  of  the 
president  of  the  university  shall  be  embodied,  and  which  report  shall 
contain  the  number  of  professors,  tutors  and  other  officers,  with  the 
compensation  of  each,  the  condition  of  the  university  fund,  and  the 
income  received  therefrom,  the  amount  of  expenditures  and  the  items 
thereof,  with  such  other  information  and  recommendations  as  they 
may  deem  expedient  to  lay  before  the  legislature.  (Sec.  584,  Pol.  C.) 


The  Agricultural  College  and  Experimental  Station 

Sec.  364.  Name  Changed]  The  name  of  the  Agricultural  col- 
lege located  at  Brookings,  South  Dakota,  shall  hereafter  be  "State  Col- 
lege of  Agriculture  and  Mechanic  Arts."  (Session  Laws  1907.) 

Sec.  365.  The  agricultural  college  of  South  Dakota  and  experi- 
mental station,  as  now  located  and  established  at  Brookings  in  the 
county  of  Brookings,  in  this  state,  shall  continue  as  such  and  shall  be 
under  the  control  and  supervision  of  the  state  board  of  regents.  (Sec. 
585,  Pol.  C.) 

Sec.  366.  The  design  of  this  institution  is  to  afford  practical 
instructed  in  agricultural  and  the  natural  sciences  connected  there- 
with, and  also  the  sciences  which  bear  directly  upon  all  industrial  arts 
and  pursuits.  The  course  of  instruction  shall  embrace  the  English  lan- 
guage and  literature,  mathematics,  civil  engineering,  agricultural 
chemistry,  animal  and  vegetable  anatomy  and  physiology,  the  veteri- 
nary art,  entomology,  geology  and  such  other  natural  sciences  as  may 
be  prescribed,  political,  rural  and  household  economy,  horticulture, 
moral  philosophy,  history,  bookkeeping  and  especially  the  application 
of  science  and  the  mechanic  arts  to  practical  agriculture  in  the  field. 
(Sec.  586,  Pol.  C.) 


SOUTH  DAKOTA  123 

:i<>7.  The  board  of  regents  shall  have  power  to  employ  a 
president  and  necessary  teachers,  instructors  and  assistants  to  con- 
duct the  said  school  and  to  carry  on  the  experimental  farm  in  con- 
nection therewith,  and  they  shall  have  supervision  and  charge  of  the 
construction  of  all  buildings  provided  for  by  law  for  the  said  college 
and  farm.  (Sec.  587,  Pol.  C.) 

:?«8.  A  full  course  of  study  in  the  institution  shall  em- 
brace not  less  than  four  years,  and  the  college  year  shall  consist  of 
not  less  than  nine  calendar  months,  which  may  be  divided  into  terms 
by  the  board  of  regents  as  in  their  judgment  will  best  secure  the  ob- 
jects for  which  the  college  was  founded.  (Sec.  588,  Pol.  C.) 

Sec.  369.  The  board  of  regents  shall  fix  the  salaries  of  the  pres- 
ident, teachers,  instructors  and  other  employes,  and  prescribe  their 
respective  duties.  The  board  may  remove  the  president  or  subordi- 
nate officers  and  supply  all  vacancies.  (Sec.  589,  Pol.  C.) 

s.-< .  ;570.  The  faculty  shall  consist  of  the  president,  teachers  and 
instructors,  and  shall  pass  all  needful  rules  and  regulations  for  the 
government  and  discipline  of  the  college,  regulating  the  routine  of 
labor,  study,  meals  and  the  duties  and  exercises,  and  all  such  rules 
and  regulations  as  are  necessary  for  the  preservation  of  morals,  de- 
corum and  health.  (Sec.  590,  Pol.  C.) 

S<T.  371.  The  president  shall  be  chief  executive  officer  of  the 
agricultural  college,  and  it  shall  be  his  duty  to  see  that  all  rules  and 
regulations  are  executed,  and  the  subordinate  officers  and  employes 
not  members  of  the  faculty  shall  be  under  his  direction  and  supervi- 
sion. (Sec.  591,  Pol.  C.) 

:57:i.  The  president  of  the  college  and  the  president  of  the 
board  of  regents  shall  constitute  a  committee  to  fix  the  rate  of  wages 
to  be  allowed  to  students  for  labor  on  the  farm  or  in  the  shops  or 
kitchen  of  the  agricultural  college.  (Sec.  592,  Pol.  C.) 

Sec .  373.  The  faculty  shall  make  an  annual  report  to  the  board 
of  regents  on  or  before  the  fifteenth  day  of  November  of  each  year, 
showing  the  condition  of  the  school  and  farm  and  the  results  of  farm 

iments,  and  containing  such  recommendations  as  the  welfare  of 
the  institution  in  their  opinion  demands.'  (Sec.  593,  Pol.  C.) 

Sec.  374.  The  agricultural  experimental  station  in  connection 
with  the  agricultural  college  of  South  Dakota  for  the  purpose  of  con- 
ducting experiments  in  agriculture,  according  to  the  terms  of  section 
1  of  an  Act  of  Congress,  approved  March  3,  1887,  and  entitled  "An 
Act  to  Establish  Agricultural  Experiment  Stations  in  Connection  with 
the  Colleges  Established  in  the  Several  States,  Under  the  Provisions 
of  an  Act  Approved  July  2,  1862,  and  of  the  Acts  Supplementary 
Thereto,"  heretofore  established,  shall  continue  as  such  and  be  and 


124  SCHOOL  LAWS 

remain  under  the  exclusive  control  of  the  board  of  regents.     (Sec.  594, 
Pol.  C.) 

Hoc1.  375.  The  sub-exprrinientnl  station,  now  established  and 
located  within  one-half  mile  of  Highmore,  in  this  state,  for  the  pur- 
pose of  carrying  on  experiments  with  drouth-resisting  forage  plants 
suitable  for  the  dry  range  regions  of  Middle  South  Dakota,  shall  con- 
tinue as  such.  (Sec.  595,  Pol  C.) 

Sec.  376.  It  shall  be  under  the  control  of  the  state  board  of  re- 
gents in  connection  with  the  South  Dakota  agricultural  college,  and 
the  line  of  experiment  to  be  made  shall  be  confined  solely  to  the  in- 
vestigation of  the  various  kinds  of  drouth-resisting  forage  plants,  and 
no  irrigation  shall  be  employed.  (Sec.  596,  Pol.  C.) 

Sec.  377.  The  land  required  for  the  plats,  and  any  building  need- 
ed by  said  sub-experimental  station,  shall  be  furnished  to  the  state 
rent  free  by  the  citizens  of  the  locality  in  which  the  said  station  shall 
be  located.  The  state  shall  acquire  no  title  or  interest  in  such  lands 
or  building  except  the  absolute  control  of  the  same  and  of  the  forage 
produced  so  long  as  the  proposed  experiments  are  in  progress.  The 
regents  shall  exact  a  lease  for  not  -less  than  two  years,  with  the  privi- 
lege of  continuing  the  same  an  additional  two  years  at  their  option, 
of  the  land  and  building  before  any  work  shall  be  commenced  upon 
said  land,  and  neither  the  lease  or  the  land  shall  be  subject  to  sale  or 
transfer  during  the  time  the  experiments  are  in  progress.  (Sec.  597, 
Pol.  C.) 

Sec.  378.  The  sum  of  six  hundred  dollars,  or  as  much  thereof 
as  may  be  necessary,  shall  be  appropriated  annually  by  the  regents 
from  the  funds  paid  by  the  general  government  to  the  state  of  South 
Dakota  for  the  maintenance  of  the  agricultural  experiment  station, 
for  the  support  of  the  said  sub-experiment  station  provided  for  in  sec- 
tion 595.  All  moneys  thus  appropriated  shall  be  expended  and  ac- 
counted for  by  the  regents  as  all  other  moneys  are  expended  and  ac- 
counted for  under  the  rules  and  the  laws  governing  such  expenditures. 
(Sec.  598,  Pol.  C.) 


Srr.  378a.  Normal  Schools]  The  normal  school,  as  established 
and  located  at  Madison,  in  the  county  of  Lake,  and  the  normal  school, 
as  established  and  located  at  Spearfish  in  the  county  of  Lawrence,  and 
the  normal  school  as  established  and  located  at  Springfield,  in  the 
county  of  Bon  Homme,  shall  continue  to  be  the  normal  schools  of  the 
state,  the  control  of  which  is  vested  in  the  state  board  of  regents.  Sec. 
599,  Pol.  C.) 

Sec.  378b.  The  object  and  exclusive  purpose  of  such  normal 
schools  shall  be  the  instruction  of  persons  both  male  and  female,  in 


SOUTH  DAKOTA  125 

(lie  ;irt  of  teaching  ;nid  in  :ill  the  various  branches  that  pertain  to  a 
good  common  school  e<lm-at ion ;  also  to  give  instruction  in  the  me- 
chanical arts  and  in  husbandry  and  in  agricultural  chemistry,  in  the 
fundamental  laws  of  the  United  States,  and  in  what  regards  the  rights 
and  duties  of  citizens.  (Sec.  600,  Pol.  C.) 

Sec.  :J7Sc.  Any  person  niay  be  admitted  as  a  pupil  of  said  nor- 
mal school  who  shall  pass  a  satisfactory  examination;  Provided,  that 
.-hall  before  admission  sign  a  declaration  of  intention  to 
follow  the  business  of  teaching  schools  in  this  state;  and,  provided, 
further,  that  the  pupils  may  be  admitted  without  signing  such  decla- 

M  of  intention  on  such  terms  as  the  board  of  regents  may  require 
or  prescribe1;  and  each  county  shall  be  entitled  to  send  pupils  in  the 
ratio  of  the  representation  in  the  legislature  to  which  it  may  be  en- 

i,  not  to  exceed  such  number  as  the  board  may  prescribe.      (Sec. 

Pol.  C.) 

Sec.  :J78d.  As  soon  as  any  person  has  attended  any  one  of  such 
utions  twenty-two  weeks  said  person  may  be  examined  in  the 
s  required  by  the  board,  in  such  manner  as  may  be  prescribed 

by  them,  and  if  it  shall  appear  that  such  person  possesses  the  learn- 
nd  other  qualifications  necessary  to  teach  a  good  common  school, 

said  person  shall  receive  a  certificate.     (Sec.  602,  Pol.  C.) 

Sec  :$78e.     The   board  of   regents   in   their   regulations,   and   the 
ipals  in   their   supervision   and   government   of   the   schools,   shall 
watchful  guardianship  over  the  morals  of  the  pupils  at  all 
during  their  attendance  in  the  same;    but  no  religious  or  sec- 
ts shall  be  applied  in  the  selection  of  teachers,  and  none  shall 
1  in  the  school.     (Sec.  603,  Pol.  C.) 


Northern   Normal  and  Industrial   School 

Sec.   :$7J).     The  Northern  Normal   and   Industrial   School   hereto- 
Mished  and  located  at  the  city  of  Aberdeen,  in  the  county  of 
Mi-own,  shall  continue  as  such  school.     (Sec.  604,  Pol.  C.)- 

Sec.  :iSO.      The  object  and  purpose  .of  said  school  shall  be  to  ghe 
sons  of  both   sexes  in   manual   training   and   Hie  s<  i 
aching,  and  also  in  the  industrial   and   niechani- 
<'S,  and  the  allied   branches  of  learning.      It 

shall  be  the  duty  of  the  Board  of  Regents  of  Education  to  provide  and 

•ain    coursts  of  study   in  '>ol      as   hereinbefore  indicated. 

ule  of  studies  to  be  pursued  in  said  institution  shall  inHud  • 

D    manual    training   and    in    the 

indn.  '    art    of   t'  ;:rhing, 

both  need,    and    in    the   "arts   and      sciences      and 

allied  branches  of  learning,"  this  to  include  the  equivalent  of  the  in- 


i  LM;  snioOL  LANVS 

struct  ion    given    in    tin-    tirst    t  \\  o    yours    of   a    college    course,       U'haphT 

session  Laws   i !»!;:.) 

School  of  .Mint's 

See.  :?SI.  The  School  of  Mines,  heretofore  located  and  estab- 
lished at  Kapid  City,  in  Pemiington  counly.  shall  continue  as  such. 

(Sec,  cor.,  Pol.  C.) 

Sec.  :*8i:.  It  shall  be  the  object  of  such  School  of  Mines  to  fur- 
nish facilities  for  the  education  of  such  persons  as  may  desire  \- 

special    instruction    in    chemistry,    met  allurgy,    mineralogy,    i;eol- 

mining.  milling,  engineering,  mathematics,  mechanics,  drawing, 
the  i'uudamental  laws  of  the  United  States  and  the  rights  and  duties 
of  citizens.  (Sec.  607,  Pol.  C.) 

Sec.  ;?S;5.  The  said  school  of  Mines  shall  be  a  place  for  instruc- 
tion without  charge  to  all  bona  fide  residents  of  this  state,  without 
regard  to  sex  or  color,  and  with  the  consent  of  the  board  of  rej 
of  this  sta'e  students  from  other  states  or  territories  may  be  admitted 
thereto  upon  such  terms  and  upon  such  rates  for  tuition  as  the  board 
may  prescribe.  ("Sec.  608,  Pol.  C.) 

Sec.  ;5SI.  The  board  of  regents  shall  have  power  to  appoint  a 
dean  and  such  other  instructors  and  officers  as  may  be  required,  and 
fix  the  salary  of  earn,  and  prescribe  their  several  duties.  They  shall 
also  have  the  power  to  remove  the  said  dean  and  any  and  all  of  said 
instructors  and  otlicers  ami  appoint  others  in  their  stead.  They 
shall  prescribe  the  books  of  instruction  to  be  used  in  said  School  of 
Mines,  and  shall  make  all  the  rules,  regulations  and  by-laws  necessary 
for  the  good  government  and  management  of  the  same.  (Sec.  609, 
Pol.  C.) 

See.  ;?<sr>.  It  shall  be  lawful  for  the  dean  of  the  said  School  of 
Mines  to  charge  and  collect  such  reasonable  fees  for  any  and  all  as- 
analysis  or  mill  tests  made  at  the  School  of  Mines  as  the  said 
board  may  prescribe,  an  account  of  which  shall  be  kept  by  said  dean 
and  paid  over  monthly  to  the  state  treasurer,  to  be  placed  to  the 
credit  of  the  Scohol  of  Mines  fund.  (Sec.  610,  Pol.  C.) 

Sec.  :?S«.  The  school  of  Mines  fund  shall  be  used  solely  for  the 
support  of  the  School  of  Mines,  and  for  no  other  purpose  whatever 
l Sec.  611,  Pol.  C.) 

Assessment  anil  Taxation 

See.  ;*S7.  Property  Kxempt  from  Taxation]  All  preperty  de- 
scribed in  this  section  to  the  extent  herein  limited  shall  be  exempt 
from  taxation,  that  is  to  say: 

First.  The  grounds,  buildings  and  all  property  belonging  to  or 
used  exclusively  by  agricultural  and  horticultural  societies. 


SOUTH  DAKOTA  127 

•  •rid.      All   property,  both  real  and  personal,  belonging  to  any 
al  institution  in  this  state,  and  all  property  used  exclusively 
<l  for  the  esupport  of  such  school  and  scientific  institution. 

rd.  All  property  belonging  to  any  charitable,  benevolent  or 
:ous  society,  or  used  exclusively  for  charitable,  benevolent  or 
•>us  purposes. 

Fourth.     One  lot  in  a  cemetery  for  family  use. 
Fifth.     The   personal   property   of   each   individual    liable   to   as- 
sent and  taxation  under  the  provisions  of  this  chapter  of  which 
such  individual  is  the  actual  and  bona  fide  owner,  to  the  amount  of 
'ling  twenty-five  dollars  in  value  in  household  furniture  and 
sions;  Provided,  that  each  person  shall  list  all  his  personal  prop- 
for  taxation,  and  the  county  auditor  shall  deduct,  after  county 
Hzation,  the  amount  of  the  exemption  authorized  by  this  section 
the  total  amount  of  his  assessment,  and  levy  taxes  upon  the  re- 
mainder.     (Sec.   205G,   Pol.   C.) 

ivth.     The  county  commissioners  of  each  county  also 

a  tax  of  one  dollar  on  each  elector  in  the  county  for  the  sup- 

of  the  common  schols,  and  no  property  shall  be  exempt  from  the 

tion  of  such  tax  by  distress  or  otherwise,  which  taxes  when  so 

ted  shall  be  distributed  to  the  several  school  corporations,  in  the 

y  in  proportion  to  the  number  of  children  resident  in  the  terri- 

of  each,  from  six  to  twenty  years  of  age,  inclusive.      (Sec.  2137, 

Pol    C.) 


Rate  or  Taxation  and  Levy 

POWKKS  OF  THE  SI  \H 
XrtiYl,-  6.      Intoxicating  Liquors 

:i«(*.     Xo   person,   firm   or   corporation   shall   engage   in   the 
business  or  falling  of  selling  intoxicating  liquors  in  the  same  block 
or  in   any  block   adjacent  to,   any   public   or  private  school,   or 
within  TWO  hundred  feet  of  any  church.      (Sec.  2859,  Pol.  C.) 

i  ult  and  Battery 

390.  An    assault    is    any    wilful    and    unlawful    attempt    or 
offer,   with  force  or  violence,  to  do  corporal  hurt  to  another.      (Sec. 

"enal  C.) 

391.  A  battery  is  any  wilful  and  unlawful  use  of  force  or 
violence  upon  the  person  of  another.      (Sec.  311,  Penal  C.) 

392.  To  use  or  to  attempt  to  offer  to  use  force  or  violence 
upon  or  toward  the  person  of  another  is  not  unlawful  in  the  follow- 
ing cases: 


128  SCHOOL  LAWS 


2(  ******* 

3******* 

4.  When  committed  by  a  parent  or  the  authorized  agent  of  any 
parent,  or  by  any  guardian,  master  or  teacher,  in  the  exercise  of  a 
lawful  authority  to  restrain  or  correct  his  child,  ward,  apprentice  or 
scholar,  provided  restraint  or  correction  has  been  rendered  necessary 
by  the  misconduct  of  such  child,  ward,  apprentice  or  scholar,  or  by 
his  refusal  to  obey  the  lawful  command  of  such  parent,  or  authorized 
agent  or  guardian,  master  or  teacher,  and  the  force  or  violence  used  is 
reasonable  in  manner  and  moderate  in  degree.  (Sec.  312,  Penal  C.) 

Gaming 

Sec.  393.  Every  person  who  exacts  or  receives  from  another, 
directly  or  indirectly,  any  valuable  consideration,  by  reason  of  the 
same  having  been  won  by  playing  at  cards,  faro,  or  any  other  game  at 
chance,  or  any  bet  or  wager  whatever  upon  the  hands  or  sides  of 
players,  forfeits  five  times  the  value  of  the  consideration  so  exacted 
or  received,  to  be  recovered  in  a  civil  action,  by  the  county  superin- 
tendent of  schools  of  the  county  in  which  the  offense  was  committed, 
for  the  benefit  of  common  schools  in  said  county.  (Sec.  398,  Penal 
C.,  as  amended  by  laws  of  1907.) 

It  is  tin-  duty  of  the  state's  attorney  to  appear  in  court  and  institute 
tlic  proceedings  authorized  under  this  section.  Opinion  by  U<>vai  <  1.  .John- 
son, Attorney  General. 

Of  Crimes  Against  Revenue  and  Property  of  the  State 

Sec.  394.  Any  person  or  persons  who  shall  commit  wilful  waste 
or  depredation  on  any  school,  public  or  endowment  lands  of  this  state 
or  who  shall  break  up  or  attempt  to  cultivate  any  part  of  said  lands 
or  who  shall  remove  or  attempt  to  remove  from  such  lands  any  stone 
or  any  other  valuable  thing  naturally  a  product  of  or  an  appurtenance 
thereto  shall  be  deemed  guilty  of  a  misdemeanor;  provided  that  it 
shall  not  be  deemed  a  trespass  under  the  provisions  of  this  act  to 
cultivate  any  of  such  lands  which  have  been  broken  and  cultivated 
prior  to  the  passage  of  this  act  if  a  lease  has  been  obtained  by  author- 
ity of  the  commissioner  of  school  and  public  lands  permitting  the 
lessee  to  use  the  same  for  agricultural  purposes;  and  any  person  or 
persons  who  shall  deliberately  and  wilfully  attempt  to  use  any  part 
of  said  land  for  meadow  or  pasturage  purposes  or  who  shall  wilfully 
remove  or  attempt  to  remove  therefrom  any  hay  without  first  having 
obtained  a  lease  therefor  in  the  manner  provided  by  law  shall  be 
deemed  guilty  of  a  misdmeanor.  Any  person  convicted  of  a  violation 
of  the  provisions  of  this  section  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  dollars  or  more  than  one  hundred  dollars,  or  impris- 
onment in  the  county  jail  for  a  period  of  thirty  days,  or  both,  in  the 
•judgment  of  the  court,  and  any  justice  of  the  peace  within  the  county 


SOUTH  DAKOTA  129 

where  such  offense  shall  be  committed,  shall  have  jurisdiction  to  try 
and  determine  all  cases  arising  under  the  provisions  of  this  section. 
(Sec.  538,  Penal  C.) 


:;!>.->.  Any  person  or  persons  who  shall  cut,  remove  or  at- 
tempt to  remove  any  timber  or  wood  standing  or  growing  on  said 
school,  public  and  endowment  lands  shall,  on  conviction  be  punished 
by  a  fine  of  not  less  than  $250  or  more  than  $500,  or  by  imprisonment 
in  the  penitentiary  for  not  less  than  six  months  nor  more  than  one 
year,  or  both,  in  the  discretion  of  the  court.  All  fines  recorded  under 
the  provision  of  this  act  shall  be  paid  into  the  county  treasury  of  the 
proper  county  and  placed  to  the  credit  of  the  interest  and  income  fund 
of  the  class  to  which  such  lands  belong.  (Sec.  539,  Penal  C.) 

Lack    of    knowledge    that    the    land    from    which    timber    is    removed    is 
school  land  does  not  lessen  the  offence.     State  v.  Dorman,  9  S.  D. 

Sec.  396.  Any  person  or  persons  who  shall  violate  any  of  the 
provisions  of  the  two  preceding  sections  shall,  in  addition  to  the 
criminal  action  herein  provided  for  be  liable  to  <;ivil  suits  for  dam- 
ages resulting  from  their  act  or  acts.  Such  suits  may  be  brought  in 
any  competent  tribunal  in  the  name  of  the  State  of  South  Dakota,  to 
recover  damages  for  such  violations.  All  moneys  recovered  as  a  result 
of  such  actions  shall  be  paid  into  the  county  treasury  of  the  proper 
county  and  placed  to  the  credit  of  the  permanent  fund  of  the  class  to 
which  said  lands  belong.  Moneys  received  by  county  treasurers  under 
the  provisions  of  this  act  shall  be  accounted  for  and  remitted  to  the 
state  treasurer  upon  drafts  drawn  by  the  commissioner  of  school  and 
public  lands  in  the  same  manner  as  other  school  funds.  (Sec.  540, 
Penal  C.) 


OF  THE  EXECUTION  OF  THE  JUDGMENT  IN  CIVIL  ACTIONS 

Exemptions 

397.  Except  as  hereinafter  provided,  the  property  men- 
tioned under  this  heading,  is  exempt  from  attachment  or  mesne  pro- 
cess, and  from  levy  and  sale  on  execution,  and  from  any  other  final 
process,  and  from  levy  and  sale  on  execution,  and  from  any  other  final 
process  issued  from  any  court.  (Sec.  344,  Civ.  Proc.) 

Sec.  398.  The  property  mentioned  in  this  section  is  absolutely 
exempt  from  all  such  process,  levy  or  sale,  except  as  otherwise  pro- 
vided by  law: 

jg£  *  *  *  *  *  *  * 

9(]  ******* 

3d.  ******* 

4th.  The  family  bible  and  all  school  books  used  by  the  family 
and  all  other  books  used  as  a  part  of  the  family  library  not  exceeding 
in  value  two  hundred  dollars.  (Sec.  345,  Civ.  Proc.) 


130  SCHOOL  LAWS 


Constitutional  Provisions 

Sec.  399.  There  shall  be  chosen  by  the  qualified  electors  of  the 
state  at  the  time  and  places  of  choosing  members  of  the  legislature,  a 
secretary  of  state,  auditor,  treasurer,  superintendent  of  public  in- 
struction, commissioner  of  school  and  public  lands,  and  an  attorney 
general,  who  shall  severely  hold  their  offices  for  the  term  of  two  years, 
but  no  person  shall  be  eligible  to  the  office  of  treasurer  for  more  than 
two  terms  consecutively.  They  shall  respectively  keep  their  offices 
at  the  seat  of  government.  (Sec.  12  of  Article  IV,  Const.) 

Sec.  400.  The  powers  and  duties  of  the  secretary  of  state,  au- 
ditor, treasurer,  superintendent  of  public  instruction,  commissioner  of 
school  and  public  lands  and  attorney  general  shall  be  as  prescribed  by 
law.  (Sec.  13  of  Article  IV,  Const.) 

Sec.  401.  Any  woman  having  the  qualifications  enumerated  in 
section  1  of  this  article  as  to  age,  residence  and  citizenship  and  includ- 
ing those  now  qualified  by  the  laws  of  the  territory  may  vote  at  any 
election  held  solely  for  school  purposes  and  may  hold  any  office  in 
this  state  except  as  otherwise  provided  in  this  constitution.  (Sec.  9 
of  Article  VII,  Const.) 

Women  are  entitled  to  vote  at  a  bond  election.  Opinion  by  Philo  Hall, 
Attorney  General. 

Women  may  vote  at  an  election  held  for  the  purpose  of  determining 
the  question  of  the  removal  of  a  school  house.  Opinion  by  W.  H.  Roddle, 
Assistant  Attorney  General. 

Education  and  School  Lands 

Sec.  402.  The  stability  of  a  republican  form  of  government  de- 
pending on  the  morality  and  intelligence  of  the  people,  it  shall  be  the 
duty  of  the  legislature  to  establish  and  maintain  a  general  and  uniform 
system  of  public  schools  wherein  tuition  shall  be  without  charge,  and 
equally  open  to  all,  and  to  adopt  all  suitable  means  to  secure  to  the 
people  the  advantages  and  opportunities  of  education.  Sec.  1  of  Ar- 
ticle VIII.  ^.onst.) 

The  owner  of  a  farm  who  resides  upon  and  works  it  in  the  summer, 
but  removes  to  a  distant  city  during  the  winter  for  the  purpose  of  giving 
his  family  social  and  school  privileges,  and  resides  there  in  a  rented  house 
which  he  gives  up  each  spring  upon  his  return  to  the  farm,  and  who  has  no 
permanent  business  in  the  city  during  the  winter,  and  who  has  voted  at 
both  places  is  not  entitled  to  the  school  privileges  of  a  resident  of  the  city. 
Gardner  v.  Fargo  Bd.  of  Edu.,  5  Dak.  259. 

Sec.  403.  All  proceeds  of  the  sale  of  public  lands  that  have  hera- 
tofore  bee  or  many  hereafter  be  given  y  the  United  States  for  the 
use  of  public  schools  in  the  state;  all  such  per  centum  as  may  be 
granted  by  the  United  States  on  the  sales  of  public  lands;  the  pro- 
ceeds of  all  property  that  shall  fall  to  the  state  by  escheat;  the  pro- 
ceeds of  all  gifts  or  donations  to  the  state  for  public  schools  or  not 
otherwise  appropriated  by  the  terms  of  the  gift;  and  all  property 
otherwise  acquired  for  public  schools,  shall  be  and  remain  a  perpetual 
fund  for  the  maintenance  of  public  schools  in  the  state.  It  shall  be 


SOUTH  DAKOTA  131 

deemed  a  trust  fund  held  by  the  state.  The  principal  shall  forever  re- 
main inviolate,  and  may  be  increased,  but  shall  never  be  diminished, 
and  the  state  shall  make  good  all  losses  thereof,  which  may  in  any 
manner  occur.  (Sec.  2  of  Article  VIII,  Const.) 

Se€.  4O4.  The  interest  and  income  of  this  fund,  together  with 
the  net  proceeds  of  all  fines  for  violation  of  state  laws,  and  all  other 
sums  which  may  be  added  thereto  by  law  shall  be  faithfully  used  and 
applied  each  year  for  the  benefit  of  the  public  schools  of  the  state, 
and  shall  be  for  this  purpose  apportioned  among  and  between  all  the 
several  public  school  corporations  of  the  state  in  proportion  to  the 
number  of  children  in  each,  of  school  age,  as  may  be  fixed  by  law; 
and  no  part  of  the  fund,  either  principal  or  interest,  shall  ever  be  di- 
verted, even  temporarily,  from  this  purpose  or  used  for  any  other  pur- 
pose whatsoever  than  the  maintenance  of  public  schools  for  the  equal 
benefit  of  all  the  people  of  the  state.  (Sec.  3  of  Article  VII,  Const.) 

Sec.  405.  After  one  year  from  the  assembling  of  the  first  legis- 
lature, the  lands  granted  to  the  state  by  the  United  States  for  the  use 
of  public  schools  may  be  sold  upon  the  following  conditions  and  no 
other;  not  more  than  one-third  of  all  such  lands  shall  be  sold  within 
the  first  five  years,  and  no  more  than  two-thirds  within  the  first  fifteen 
years  after  the  title  thereto  is  vested  in  the  state,  and  the  legislature 
shall,  subject  to  the  provisions  of  this  article,  provide  for  the  sale  of 
the  same.  (Sec.  4  of  Article  VIII,  Cost.) 

The  commissioner  of  school  and  public  lands,  the  state  auditor 
and  the  county  superintendent  of  schools  of  the  counties  severally, 
shall  constitute  boards  of  appraisal  and  shall  appraise  all  school  lands 
within  the  several  counties  which  they  may  from  time  to  time  select 
and  designate  for  sale,  at  their  actual  value  under  the  terms  of  sale. 

They  shall  take  care  to  first  select  and  designate  for  sale  the 
most  valuable  lands  and  they  shall  ascertain  all  such  lands  as  may 
be  of  special  and  peculiar  value,  other  than  agricultural,  and  cause 
the  proper  subdivision  of  the  same  in  order  that  the  largest  price 
may  be  obtained  therefor. 

Sec.  4O6.  No  land  shall  be  sold  for  less  than  the  appraised  value, 
and  in  no  case  for  less  than  ten  dollars  an  acre.  The  purchaser  shall 
pay  one-fourth  of  the  price  in  cash  and  the  remaining  three  fourths  as 
follows:  one-fourth  in  five  years,  one-fourth  in  ten  years  and  One- 
fourth  in  fifteen  years,  with  interest  thereon  at  the  rate  of  not  less 
than  six  per  centum  per  annum  payable  annually  in  advance;  but  all 
such  subdivided  lands  may  be  sold  for  cash  provided  that  upon  pay- 
ment of  the  interest  for  one  full  year  in  advance,  the  balance  of  the 
purchase  price  may  be  paid  at  any  time.  All  sales  shall  be  at  public 
auction  to  the  highest  bidder,  after  sixty  days'  advertisement  of  the 
same  in  a  newspaper  of  general  circulation  in  the  vicinity  of  the  lands 
to  be  sold,  and  one  at  the  seat  of  government.  Such  lands  as  shall 


132  SCHOOL  LAWS 

not  have  been  specially  subdivided  shall  be  offered  in  tracts  of  not 
more  than  eighty  acres  and  those  so  subdivided  in  the  smallest  sub- 
division. All  lands  designated  for  sale  and  not  sold  within  four  years 
after  appraisal,  shall  be  reappraised  by  the  board  of  appraisal  as  here- 
inbefore provided  before  they  are  sold.  (Sec.  5  of  Article  VII,  Const.) 

Interest  in  school   lands  after  first  payment  is  subject     to     execution. 
Brook   v.  Eastman,   17  S.   D.   339. 

Sec.  407.  All  sales  shall  be  conducted  through  the  office  of  the 
commissioner  of  school  and  public  lands  as  may  be  prescribed  by  law 
and  returns  of  all  appraisals  and  sales  shall  be  made  to  said  office 
No  sale  shall  operate  to  convey  any  right  or  title  to  any  lands  for 
sixty  days  after  the  date  thereof,  nor  until  the  same  shall  have  re- 
ceived the  approval  of  the  governor  in  such  form  as  may  be  provided 
by  law.  No'  grant  or  patent  for  any  such  lands  shall  issue  until  final 
payment  be  made.  (Sec.  6  of  Article  VIII,  Const.) 

Sec.  408.  All  lands,  money  or  other  property  donated,  granted 
or  received  from  the  United  States  or  any  other  source  for  a  univer- 
sity, agricultural  college,  normal  schools  or  other  educational  or 
charitable  instiution  or  purpose,  and  the  proceeds  of  all  such  land  and 
other  property  so  received  from  any  source,  shall  be  and  remain  per- 
petual funds,  the  interest  and  income  of  which,  together  with  the  rent 
of  all  such  lands  as  may  remain  unsold,  shall  be  inviolably  appro- 
priated and  applied  to  the  specific  objects  of  the  original  grants  or 
gifts.  The  principal  of'  every  such  fund  may  be  increased,  but  shall 
never  be  diminished,  and  the  interest  and  income  only  shall  be  used. 
Every  such  fund  shall  be  deemed  a  trust  fund  held  by  the  state,  and 
the  state  shall  make  good  all  losses  therefrom  that  shall  in  any  man- 
ner .occur.  (Sec.  7  of  Article  VIII,  Const.) 

Sec.  409.  All  lands  mentioned  in  the  preceding  section  shall  be 
appraised  and  sold  in  the  same  manner  and  by  the  same  officers  and 
boards  under  the  same  limitations  and  subject  to  all  the  conditions 
as  to  price,  sale  and  approval,  provided  above  for  the  appraisal  and 
sale  of  lands -for  the  benefit  of  public  schools,  but  a  distinct  and  sepa- 
rate account  shall  be  kept  by  the  proper  officers  of  each  of  such  funds. 
(Sec.  8  of  Article  VIII,  Const.) 

Sec.  410.  The  lands  mentioned  in  this  Article  shall  be  leased 
for.  pasturage,  meadow,  farming,  the  growing  of  crops  of  grain  and 
general  agricultural  purposes,  and  at  public  auction,  after  notice  as 
hereinbefore  provided  in  case  of  sale  and  shall  be  offered  in  tracts  not 
greater  than  one  section.  All  rents  shall  be  payable  annually  in  ad- 
vance, and  no  term  of  lease  shall  exceed  five  years,  nor  shall  any  lease 
be  valid  until  it  receives  the  approval  of  the  governor.  (Sec.  9  of 
Article  VII,  Const,  (as  amended  by  election  in  1910.) 

Sec.  411.  No  claim  to  any  public  lands  by  any  trespasser  thereon 
by  reason  of  occupancy,  cultivation  or  improvement  thereof,  shall  ever 


SOUTH  DAKOTA  133 

be  recognized;  nor  shall  compensation  ever  be  made  on  account  of 
any  improvements  made  by  such  trespasser.  (Sec.  10  of  Article 
VIII,  Const.) 

Sec.  412.  The  moneys  of  the  permanent  school  and  other  edu- 
cational funds  shall  be  invested  only  in  first  mortgages  upon  good 
improved  farm  lands  within  this  state  as  hereinafter  provided,  or  in 
bonds  of  school  corporations  within  the  state,  or  in  bonds  of  the 
United  States,  or  of  the  state  of  South  Dakota.  The  legislature  shall 
provide  by  law  the  method  of  determining  the  amounts  of  said  funds 
which  shall  be  invested  from  time  to  time  in  such  class  of  securities 
respectively,  taking  care  to  secure  continuous  investments  as  far  as 
possible. 

All  moneys  of  said  funds  which  may  from  time  to  time  be  desig- 
nated for  investment  in  farm  mortgages  and  in  the  bonds  of  school 
corporations,  or  in  bonds  of  organized  counties,  townships,  or  incor- 
porated cities,  within  this  state  shall  for  such  purpose  be  divided 
among  the  organized  counties  of  the  state  in  proportion  to  population 
as  nearly  as  provisions  by  law  to  secure  continuous  investments  may 
permit.  The  several  counties  shall  hold  and  manage  the  same  as  trust 
funds,  and  they  shall  be  and  remain  responsible  and  accountable  for 
the  principal  and  interest  of  all  such  moneys  received  by  them  from 
the  date  of  receipt  until  returned  because  not  loaned  and  in  case  of 
loss  of  any  mony  so  apportioned  to  any  county,  such  county  shall  make 
the  same  good  out  of  its  common  revenue.  Counties  shall  invest 
said  money  in  bonds  of  school  corporations,  counties,  township  or 
cities  or  in  first  mortgages  upon  good  improved  farm  lands  within 
their  limits  respectively.  The  amount  of  each  loan  shall  not  exceed 
one-third  the  actual  value  of  the  lands  covered  by  the  mortgage  given 
to  secure  the  same,  such  value  to  be  determined  by  th  board  of  county 
commissioners  of  the  county  in  which  the  land  is  situated  and  in  no 
case  shall  more  than  five  thousand  ($5000)  dollars  be  loaned  to  any 
one  person  firm  or  corporation,  and  the  rate  of  interest  shall  not  be  less 
than  five  per  centum  per  annum,  and  shall  be  such  other  and  higher 
rate  as  the  legislature  may  provide,  and  shall  be  payable  semi-annually 
on  the  first  day  of  January  and  July;  Provided,  that  whenever  there 
are  moneys  of  said  fund  in  any  county  amounting  to  one  thousand 
dollars  that  cannot  be  loaned  according  to  the  provisions  of  this  sec- 
tion and  any  law  pursuant  thereto,  the  said  sum  may  be  returned  to 
the  state  treasurer  to  be  intrusted  to  some  other  county  or  counties 
or  otherwise  invested  under  the  provisions  of  this  section. 

Each  county  shall  semi-annually,  on  the  first  day  of  January  and 
July,  render  an  account  of  the  condition  of  the  fund  intrusted  to  it 
to  the  auditor  of  state,  and  at  the  same  time  pay  to  or  account  to  the 
state  treasurer  for  the  interest  due  on  all  funds  intrusted  to  it. 

The  legislature  may  provide  by  general  law  that  counties  may 
retain  from  interests  collected  in  excess  of  five  per  centum  per  annum 


134  SCHOOL  LAWS 

upon  all  said  funds  intrustd  to  them,  not  to  exceed  one  per  centum 
per  annum.  But  no  county  shall  be  exempted  from  the  obligation  to 
make  semi-annual  payments  to  the  state  treasury  of  interests  at  the 
rate  provided  by  law  for  such  loans,  except  only  said  one  per  centum; 
and  in  no  case  shall  the  interest  so  to  be  paid  be  less  than  five  per 
centum  per  annum. 

The  legislature  shall  provide  by  law  for  the  safe  investment  of 
the  permanent  school  and  other  educational  funds,  and  for  the  prompt 
collection  of  interest  and  income  thereof,  and  to  carry  out  the  object 
and  provisions  of  this  section. 

Sec*  413.  The  governor  may  disapprove  any  sale,  lease  or  in- 
vestment other  than  such  as  are  intrusted  to  the  counties.  (Sec.  12 
of  Article  VIII,  Const.) 

Sec.  414.  All  losses  to  the  permanent  school  or  other  educational 
fund  of  this  state  which  shall  have  been  occasioned  by  the  defalca- 
tion, negligence,  mismanagement  or  fraud  of  the  agents  or  officers 
controlling  and  managing  the  same,  shall  be  audited  by  the  proper 
authorities  of  the  state.  The  amount  so  audited  shall  be  a  permanent 
funded  debt  against  the  state  in  favor  of  the  fund  sustaining  the  loss 
upon  which  not  less  than  six  per  centum  of  annual  interets  shall  be 
paid.  The  amount  of  indebtedness  so  created  shall  not  be  counted 
as  a  part  of  the  indebtedness  mentioned  in  Article  XIII,  Sec.  2.  (Sec. 
13  of  Article  VIII,  Const.) 

Sec.  415.  The  legislature  shall  provide  by  law  for  the  protec- 
tion of  the  school  lands  from  trespass  or  unlawful  appropriation,  and 
for  their  defense  against  all  unauthorized  claims  or  efforts  to  divert 
them  from  the  school  fund.  (Sec.  14  of  Article  VIII,  Const.) 

Sec.  416.  The  legislature  shall  make  such  provision  by  general 
taxation,  and  by  authorizing  the  school  corporations  to  levy  such  ad- 
ditional taxes  as  with  the  income  from  the  permanent  school  fund 
shall  secure  a  thorough  and  efficient  system  of  common  schools 
throughout  the  state.  (Sec.  15  of  Article  VIII,  Const.) 

Sec.  417.  No  appropriation  of  lands,  money  or  other  property 
or  credits  to  aid  any  sectarian  school  shall  ever  be  made  by  the  state, 
or  any  county  or  municipality  within  the  state,  nor  shall  the  state 
or  any  county  or  municipality  within  the  state  accept  any  grant,  con- 
veyance, gift^or  bequest  of  lands,  money  or  other  property  tt  be  used 
for  sectarian  purposes,  and  no  sectarian  instruction  shall  be  allowed 
in  any  school  or  institution  aided  or  supported  by  the  state.  (  Sec.  16 
of  Article  VIII,  Const.) 

None  of  the  money  derived  from  state,  county,  or  township  taxes  may 
be  used  by  the  school  board  to  aid  in  anyway  any  sectarian  school,  or  any 
school  other  than  a  public  school,  and  money  so  diverted  by  such  board 
may  be  recovered  in  any  action  brought  by  a  taxpayer.  Opinion  by  Royal 
C.  Johnson,  Attorney  General. 

Synod  of  Dakota  v.  State,  2  S.  D.  366. 


SOUTH   DAKOTA  135 

Sec.  418.  No  teacher,  state,  county,  township  or  district  school 
officer  shall  be  interested  in  the  sale,  proceeds  or  profits  of  any  book, 
apparatus  or  furniture  used  or  to  be  used  in  any  school  in  this  state, 
under  such  penalties  as  shall  be  provided  by  law.  (Sec.  17  of  Article 
VIII,  Const.) 

nalty  has  ever  been  enacted  by  the  legislature,  the  above  pro- 
vision is  therefore  ineffective.  Opinion  by  Royal  C.  Johnson,  Attorney  Gen- 
Sec.  419.  In  each  organized  county  at  the  first  general  election 
held  after  the  admission  of  the  state  of  South  Dakota  into  the  union, 
and  every  two  years  thereafter,  there  shall  be  elected  a  clerk  of  the 
court,  sheriff,  county  auditor,  register  of  deeds,  treasurer,  state's 
attorney,  surveyor,  coroner  and  superintendent  of  schools,  whose 
terms  of  office  respectively  shall  be  two  years,  and  except  the  clerk  of 
the  court,  no  person  shall  be  eligible  for  more  than  four  years  in  suc- 
cession to  any  of  the  above  named  offices.  (Sec  5  of  Art  IX,  Const.) 

Sec.  420.  All  county,  township  and  district  officers  shall  be 
electors  in  the  county,  township  or  district  in  which  they  are  elected; 
Provided  that  nothing  in  this  section  shall  prevent  the  holding  of 
school  offices  by  any  person  as  provided  in  Sec.  9,  Article  VII;  and 
provided,  further,  that  the  legislature  shall  have  authority  to  pre- 
scribe additional  qualifications  for  superintendent  of  schools,  not  in- 
consistent herewith.  (Sec.  7,  Article  IX,  Const.,  as  amended  by  elec- 
tion in  1906.) 

Sec.  421.  The  legislature  shall,  by  general  law,  exempt  from 
taxation,  property  used  exclusively  for  agricultural  and  horticultural 
societies,  for  school,  religious,  cemetery  and  charitable  purposes,  and 
personal  property  to  any  amount  not  exceeding  in  value  two  hundred 
dollars  for  each  individual  liable  to  taxation.  (Sec.  6  of  Article  XI, 
Const.) 

Education  of  Indian  Children 

Sec.  422.  Must  Compel  Attendance  of  Indian  Child]  That  when- 
ever the  government  of  the  United  States  erects  or  causes  to  be  erected 
and  maintained,  a  school  for  general  educational  purposes  within  the 
state  of  South  Dakota,  and  the  expense  of  the  tuition,  lodging,  food 
and  clothing  of  Indian  pupils  therein  is  borne  by  the  United  States, 
it  shall  be  compulsory  on  the  part  of  every  parent,  guardian,  or  other 
person  in  the  state  of  South  Dakota,  having  control  of  an  Indian  child 
or  children  between  the  ages  of  six  &nd  eighteen  years,  eligible  to  at- 
tend said  school,  to  send  such  child  or  children  to  said  school  for  a 
period  of  nine  months,  or  during  the  annual  term,  unless  such  child 
or  childern  is  or  are  excused  from  such  attendance  by  the  county  sup- 
erintendent of  schools  showing  that  the  bodily  or  mental  condition 
of  such  child  or  children  has  been  and  is  such  as  to  prevent  his  or 
her  or  their  attendance  at  school  or  application  at  study  for  the  period 


136  SCHOOL  LAWS 

required,  or  that  such  child  or  children  is  or  are  taught  in  the  public 
school,  private  school  or  other  school  in  such  branches  as  are  usually 
taught  in  the  public  schools;  provided  that  in  case  the  government  of 
the  United  States  does  not  make  provision  for  the  free  transportation 
of  such  child  or  children  to  and  from  their  homes  to  said  school,  then 
he,  she  or  they  shall  not  be  liable  to  the  provision  of  this  act,  unless 
they  reside  less  than  ten  miles  from  such  school.  (Session  Laws,  1907.) 

Sec.  423.  Duty  of  Principal  or  Superintendent]  It  shall  be  the 
duty  of  all  principals  or  superintendents  of  the  school  or  schools  men- 
tioned in  this  act,  before  attempting  to  enforce  the  provisions  of  the 
act,  hereinafter  mentioned;  to  serve,  or  cause  to  be  served,  a  demand 
for  the  attendance  of  certain  children  naming  them  and  also  desig- 
nating the  school  at  which  their  attendance  is  required,  upon  the 
parent,  guardian  or  other  person  having  charge  of  said  child  or  child- 
ren as  may  be  eligible  to  attend  such  school  over  which  he  has  charge 
and  a  copy  of  this  act  on  such  parent,  guardian,  or  other  person  having 
charge  of  said  child  or  children  and  such  person  shall  within  ten  days 
deliver  said  child  or  children  at  said  school  or  to  the  principal  or 
superintendent  thereof,  or  furnish  satisfactory  proof  that  the  bodily 
or  mental  condition  of  said  child  or  children  will  not  admit  of  attend- 
ance. (Sessions  Laws,  1907.) 

Sec.  424.  Failure  to  Comply  With  Demand — Duty  of  Superin- 
tendent] If  at  the  expiration  of  ten  days  after  such  notice  or  demand, 
the  parent,  guardian,  or  other  person  having  charge  of  said  child  or 
children  shall  have  failed  or  refused  to  comply  with  this  act,  the  prin- 
cipal or  superintendent  shall  commence  proceedings  in  the  name  of 
the  state  for  the  recovery  of  the  fine  hereinaftr  provided  before  any 
court  having  jurisdiction.  (Session  Laws,  1907.) 

Sec.  425.  Penalty]  Any  parent,  guardian  or  other  person  hav- 
ing control  or  charge  of  any  Indian  child  or  children  failing  to  com- 
ply with  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor and  shall  be  liable  to  a  fine  of  not  less  than  ten  dollars  ($10) 
nor  more  than  twenty-five  dollars  ($25),  and  imprisonment  in,  the 
county  jail  for  fifteen  days  for  the  first  offense  and  not  less  than 
twenty-five  dollars  ($25)  nor  more  than  fifty  dollars  ($50)  and  im- 
prisonment in  the  county  jail  for  thirty  days  for  the  second  offense 
and  each  subsequent  offense,  besides  the  cost  of  the  action.  It  is  pro- 
vided further,  that  in  emergency  cases  proceedings  may  be  begun  at 
the  expiration  of  three  days  after  each  refusal  of  the  parent,  guar- 
dian or  other  person  having  charge  or  control  of  said  child  or  child- 
ren to  comply  with  the  demand  of  said  principal  or  superintendent. 
(Session  Laws,  1907.) 

Sec.  426.  Fines — Where  Paid]  All  fines  collected  under  the 
provisions  of  this  act  shall  be  paid  into  the  county  treasury,  the  same 


SOUTH    DAKOTA  137 

to  be  placed  to  the  credit  of  the  general  school  fund.      (Session  Laws, 
190" 

Sec.  427.  Duty  of  Sheriffs  and  Officers]  It  shall  be  the  duty  of 
all  sheriffs,  constables,  policeman,  town  and  city  marshals  in  the  state 
to  take  cognizance  of  this  act  and  assist  principals  and  superintendents 
of  schools  in  carrying  out  its  provisions.-  (Session  Laws,  1907.) 

Sec-.  428.  Violation — Penalty]  Any  person  or  persons  who 
shall  directly  or  indirectly  persuade,  advise  or  intimidate  in  any  man- 
ner, the  parent,  guardian  or  other  person  having  control  or  charge  of 
any  Indian  child  or  children  from  complying  with  the  demand  of  a 
principal  or  superintendent  of  a  school  who  is  endeavoring  to  carry 
out  the  provisions  of  this  act  shall  be  guilty  of  the  same  offense  and 
shall  be  subject  to  the  same  penalty  as  the  parent  or  guardian;  pro- 
vided, that  this  section  shall  not  apply  to  the  attorney  or  legal  ad- 
viser of  any  parent  or  guardian  in  giving  advice  in  his  legal  capacity. 
(Session  Laws,  1907.) 

>«•<•.  429.  Justices  of  Peace  to  Have  Jurisdiction]  Any  justice 
of  the  peace  within  the  county  where  the  child  or  children  live  shall 
have  jurisdiction  to  try  and  determine  action  brought  under  this  act. 

Sec.  430.  Persons  May  Intervene  and  Become  Parties  to  an  Ac- 
tion— When]  That  hereafter  any  person,  firm  or  corporation  enter- 
ing into  a  formal  contract  with  the  state,  any  county  or  municipal  cor- 
poration, school  district  or  independent  school  district  in  the  state  of 
South  Dakota  for  the  construction  of  the  state,  any  county  or  munici- 
pal corporation,  school  building,  or  for  repairs  upon  any  school  build- 
ing, shall  be  required,  before  commencing  such  work  to  execute  the 
usual  penal  bond  for  the  faithful  performance  of  said  contract  with 
good  and  sufficient  sureties,  with  the  additional  obligations  that  such 
contractor  or  contractors  shall  promptly  make  payments  to  all  per- 
sons supplying  him  or  them  with  labor  and  materials  in  the  prosecu- 
tion of  work  provided  for  in  such  contract;  and  any  person,  firm  or 
corporation  who  has  furnished  labor  or  materials  used  in  the  con- 
struction or  repair  of  any  school  building  and  payment  for  which 
has  not  been  made,  shall  have  the  right  to  intervene  and  be  made  a 
party  to  any  action  instituted  by  such  state,  county,  municipal  cor- 
poration, school  district  or  independent  school  district  on  the  bond 
of  the  contractor,  and  to  have  their  rights  and  claims  adjudicated  in 
such  action  and  judgment  rendered  thereon,  subject,  however,  to  the 
priority  of  the  claim  and  judgment  of  such  state,  county,  municipal 
corporation,  school  district,  or  independent  school  district,  the  re- 
mainder shall  be  distributed  pro  rata  among  such  intervenors.  (Ses- 
sion Laws,  1907.) 

Sec.  431.  Suit  May  be  Brought — When]  If  no  suit  should  be 
brought  by  such  state,  county,  municipal  corporation,  school  district 


138  SCHOOL  LAWS 

or  independent  school  district  within  six  months  from  the  completion 
and  final  settlement  of  such  contract,  then  the  person  or  persons  sup- 
plying the  contractor  with  labor  and  materials  shall,  upon  application 
thereof,  and  furnishing  affidavit  to  such  state,  county,  municipal  cor- 
poration, school  district  or  independent  school  district,  that  labor  or 
materials  for  the  prosecution  of  such  work  has  been  supplied  by  him 
or  them  and  payment  for  which  has  not  bee  made,  be  furnished  with 
certified  copy  of  said  contract  and  bond,  upon  which  he  or  they  shall 
have  a  right  of  action,  and  shall  be,  and  are  hereby,  authorized  to 
bring  suit  in  the  name  of  such  state,  county,  municipal  corporation, 
school  district  or  independent  school  district  in  the  circuit  court  in 
the  county  in  which  said  contract  was  to  be  performed  and  executed 
and  not  elsewhere,  for  his  and  their  use  and  benefit,  against  said  con- 
tractor and  his  sureties,  and  to  prosecute  the  same  to  final  judgment 
and  execution  provided,  that  where  suit  is  instituted  by  any  of  such 
creditors  on  the  bond  of  the  contractor  H  shall  not  be  commenced 
until  after  the  complete  performance  of  said  contract  and  final  settle- 
ment thereof  and  shall  be  commenced  within  one  year  after  the  per- 
formance and  final  settlment  of  said  contract,  and  not  later;  and  pro- 
provided,  further,  that  where  suit  is  so  instituted  by  a  creditor  or 
creditors  only  one  action  shall  be  brought,  and  any  creditor  may  file 
his  claim  in  such  action  and  be  made  a  party  thereto  within  one  year 
from  the  completion  of  the  work  under  said  contract,  and  not  later; 
and  provided,  further,  that  costs  shall  not  be  taxed  in  said  suit  against 
such  state,  county,  municipal  corporation,  school  district  or  independ- 
ent school  district.  If  the  recovery  on  the  bond  should  be  inadequate 
to  pay  the  amounts  found  due  all  such  creditors,  judgment  shall  be 
given  to  each  creditor  pro  rata  of  the  amount  of  the  recovery.  The 
surety  on  such  bond  may  pay  into  court  for  distribution  among  such 
claimants  and  creditors  the  full  amount  of  the  sureties'  liability,  to- 
wit:  the  penalty  named  in  the  bond  less  any  amount  which  said  surety 
may  have  had  to  pay  to  such  state,  county,  municipal  corporation, 
school  district  or  independent  school  district  by  reason  of  the  execu- 
tion of  said  bond,  and  upon  so  doing  the  surety  will  be  relieved  from 
further  liability;  provided,  further,  that  in  all  suits  instituted  under 
the  provisions  of  this  act  such  personal  notice  of  the  pendency  of  such 
suit,  informing  them  of  their  right  to  intervene,  as  the  court  may  or- 
der shall  be  given  to  all  known  creditors,  and  in  addition  thereto  such 
notice  shall  be  given  by  publication  in  some  newspaper  of  general  cir- 
culation, published  in  the  county  where  the  contract  is  being  perform- 
ed for  at  least  three  successive  weeks,  the  last  publication  to  be  at 
least  three  months  before  the  time  limited  therefor.  (Session  Laws, 
1907.) 

Sec.  432.  Fees]  That  all  county  and  state  officers  for  whose 
services  a  salary  is  provided  by  law,  shall  receive  no  compensation 
for  their  services  other  than  that  so  provided;  and  all  fees  received 


SOUTH   DAKOTA  139 

by  them  under  any  of  the  existing  provisions  of  law  shall  be  paid  by 
the  officer  so  receiving  the  same,  into  the  county  or  state  treasury, 
as  the  case  may  be,  at  the  end  of  each  and  every  month,  and  when 
not  under  any  provision  of  law  credited  to  a  special  fund,  shall  be 
placed  to  the  credit  of  the  general  fund  of  the  county  or  state.  Pro- 
vided, however,  that  this  section  shall  not  be  so  construed  as  to  in 
any  manner  affect  any  officer  who  receives  no  salary  other  than  the 
fees  paid  for  his  services.  (Sec.  1862,  ol.  C.) 

Sec.  433.  Sale  of  Prohibited — Where]  No  license  shall  be 
granted  for  the  sale  of  intoxicating  liquors  at  any  place  within  one- 
third  of  a  mile  of  any  college  or  academy  in  the  state  of  South  Dakota, 
which  gives  instruction  in  regular  classical  and  scientific  courses,  and 
any  license  issued  or  granted  for  the  sale  of  intoxicating  liquors  within 
one-third  of  a  mile  of  any  such  college  or  academy  shall  be  revoked, 
and  the  sale  of  liquor  within  such  prescribed  territory  be  enjoined 
by  the  circuit  court  upon  proper  application  therefor;  provided  that 
this  act  shall  not  be  construed  to  apply  to  any  school  or  college  de- 
voted simply  to  instruction  in  business  methods.  (Session  Laws,  1907.) 


INDEX 


Sec.  Page 
Accounts 

Examination   of,   by   superin- 
tendent         43        16 

Manner    of    keeping     130        53 

Kept    separate     130        53 

Must    balance     130        53 

Advice — 

Superintendent   to   give    ....    53        18 
Affidavit — 

Special  examiner  apointed  by 

county    superintendent     .  .    60        20 
Agricultural  College — See  State 
College. 

Agricultural    Contest    4j2a        15 

Agricultural    Lands    May    be 

purchased      ' 121b      49 

Aid    for    Common    Schools    .252a   111 
Annual    Election — See    Election 

Annual    Inventories     112a        48 

By    County    Superintendent    121a     48 

By    Dist.    School    Officer 121a      48 

Annual    meeting   of   Board.. 120        47 
Annual    Reports — 

County    superintendent   must 

make     36-51    12-17 

Penalty   for'not  making..    51        17 
Information    to    be    given.    51        17 
District    school    treasurer    to 

prepare    126        51 

District    clerk's    report     ....    96        37 
Teacher    to    make    term    re- 
port      140        '60 

Secretary  of  board  of  edu- 
cation makes  188  84 

Board     of     education       must 

publish     189%    67 

A  pparatus — 

Purchase   of   limited    145        61 

Appeals — 

Against    closing    of   schools    114        45 

Made    by    petition    114        45 

Hearing    on,     by     superin- 
tendent     114        45 

Order  must  be   obeyed    ...114        45 
Determined   by    state    super- 
intendent           4          3 

From  county  isuperiritend- 
ent  on  revocation  of  cer- 
tificate ../ 6."  2.1 

From  committee  in  attach- 
ment of  adjacent  terri- 
tory  176  57 

General    115        45 

Circuit    eo\irt,    to     115        45 

Bond   for   costs   required.  .  115        45 

Duties    of    clerk    115        45 

Notice    on    board    required  115        45 
Procedure    in    the    action.  115        45 

Supreme    court    ,to     116        46 

Procedure    necessary 116        46 

Appointments — 

Institute    conductor     8          4 

Officers  of  new  district   ....    70        23 
Vacancies   on   district  boards   91        35 
Vacancies  of  boards  of   edu- 
cation    .  ..182        83 


Sec.  Page 
A  pportiounient — 

Money  - —  County  general 
fund  by  county  superin- 
tendent    48  17 

When     made     48        17 

County    treasurer,    duty    of   48        17 
Must    be    withheld,    when.  120        47 

Property     and     indebtedness 

in   division    of   district    ...    69        22 
Assault   and  Battery — 

Denned     , 390      127 

Lawful,    when    392      127 

Assessor — 

List    of    property     furnished 

to   clerks,   by    124        51 

A  ssociations — 

District  teachers,  encour- 
aged by  county  supt 37  12 

.State    educational     17          7 

Attachment    of    territory — (See 

Ind.    Dist.) 
Auditor,    Duties   of — 

Certifies      to        validity        of 

school   bonds    154        68 

Filing     of     officers'     bonds..    89        35 

May    levy    tax       for      bonds, 

when     156        69 

Member    county       board      of 

Education     225      102 

Rate    of    taxes,      determined 

by     129        52 

Reports  from  book  deposi- 
tories, receives  231  104 

Battery    denned     391      127 

Blanks — 

Furnished   by    state   supt....      5 

Forms    of     5          3 

Furnished    by     county     supt. 

to     teachers     136        55 

Board  of  Education — 

Notice    of    election     181 

Nomination     of    candidates     181        81 

Conduct    of    election     181        82 

Clerk     185        83 

Treasurer     185        83 

Members   of    179        80 

For     Commission      Governed 

Cities    205a     89 

Membership     of    board     ..205b     89 
Not    interested       in      Con- 
tracts      205.C     90 

Supervise     expenditures     .205d 
Removal    of    member     .  ...205e      92 
Board    of    Education,    township 

high    school    215        99 

Bonds,    Official — 

County    Supt.    gives     -.    23 

Amount      23 

Approval     23 

Sureties,    how    bound    ....    23 
Action   upon,   benefit  of    .  .    2 

District  school  board. 
Clerks. 

Time   to   give 8 

Amount   of    8 

Approval     of     86        35 


INDEX 


Sec.  Page 

Filing    of     89        35 

:ion     on     bonds,     com- 
mencement    of     88        35 

85        34 

Time    to    givf     85        34' 

iitions    required    .  .  .    8." 

Amount    

Not    liable,    when    85        34 

.  i     of     85        34 

chairman        and 

k     85        34 

1 85        34 

bond  on  re-election  8->        34 
Building    contractor,    gives 
mlN.    School — 

Mil 

ion    of     157  7<i 

i:icate   by  county  aud  154  68 

•  mination    of    153  67 

:  notion    of     157  7U 

Form    of     154  68 

of.    limited    153  67 

sa    of    limit.       valid- 
ity   of    159  70 

Interest    on,    rate    of     ....153  67 

Lien   on   property    156  69 

be   voted   for    151  66 

Building    of    houses     .....151  66 
Funding   of   outstanding 

indebtedness    151  66 

ice     of     election,     post- 
ing   of    i:.2  67 

Conditions    of     152  67 

Time    of     152  67 

Petition  for  election  on   ..151  66 

ion    of     154  68 

of     155  69 

.  Cure    of     154  68 

levy    for    154  68 

Sinking    fund     154 

Investment    of     154a  69 

rest    fund     154  68 

Limit    of     15  : 

Terms    of     153  67 

y    to      author- 

153  67 

first    class — 

Cancellation    of     17 

for     164  72 

•ts.    form    of    IK 

166  73 

164  72 

te    required   166 

of     It]:;  72 

.     of     167  73 

•  f 167  73 

Limit    of    issue     169  73 

on    property     171  74 

•  oses   of    161  71 

i: 

•  dution     to       auth": 

lired    ;  >,::        7 : 

!•: 

169        73 

commis- 

plan     16  : 

Ind 

Mon    for     l  :• 

Ho\v    called     l!i5       86 

'ner   of   holding    . . .  .195 

of     196        86 

. . 199        87 


Sec.  Page 


Interest,    rate    of    194 

Limitation    of    196 

Property    pledged     200 

Purpose   of    194 

Registration    of    2ul 

le    of    194 

Tax    levy    for    U*  , 

Limitation    of     198 

School     districts       organized 

by   special  act    173 

Book  Cased — 

Board    provides,    in    case    of 

text    books    234 

District  board  must  provide 

for    library    209 

Book    Depositories 

Selection     of     

Bonds    of     229 

Report    from     231 

Brookings,  State  College  at  365 

Book    of    forms    5 

Certificates — Teachers — 
Fees    for — 

Disposition   of    16 

Life    diploma    16 

Provisional    state     16 

;  te    certificate    16 

First  Grade — 

Fees    for    59 

Issued    by    whom    54 

Qualifications     for      55 

Renewal    of    15 

Requirements     for      ". 

Terms    of     54 

Where    valid     55 

Revocation     of     64 

Forfeiture    of     140 

Life    diploma    13 

Qualifications    for    13 

Secured,    how     13 

Subjects    required     13 

Valid,   how  long   13 

Valid,    where    13 

Stat-    certificate    14 

Secured     how     '.....    14 

ilincations    for     14 

Subjects    required     14 

Valid,    how    long     14 

.-•wal    of    15 

Revocation     of     

Provisional  State   (see   star 

renewable,    when     15 

Prima:  y — 

Hnd'U-.-'.-ment,  of    

for     

Issued    by    whom    .~>N 

Requirements    for     

\-al    of     15 

<  ation     of     64 

:.    where.    

Second   Grad 

I     of     56 

for    

whom    

>:i     of      64 

Requirements    for     

Term     of     

Valid,     where      

::il — 

VMOJU     62 

Grades    of    

Teachers    of    mus 


85 
36 
8-7 
85 
87 
85 


104 
93 

103 
103 
104 
122 
3 


7 
7 
7 

7 

I 

18 
19 

e 

19 
18 

I  > 
.". 
60 


20 
21 

19 


INDEX 


Sec.   Page 


not  have    138a 


Terms    of     

Valid,   where    

When    may    be    issued 
Third   Grade 

Issued    by    whom    .... 
Number  of,   limited 


62 

62 
62 

54 
57 

Revocation     of     64 

Requirements    for     54 

Term    of     54 

Valid,     where     57 

Census — 

Approval   of   by   supt 99 

Compared   by    supt 99 

Copy    filed    in    register      by 

clerk 99 

New    census    may    be    order- 
ed     100 

Special    enumeration    of    ...    99 


69 

20 
20 
20 

IS 
19 
21 
18 
18 


37 


37 


,Supt.   reports    47,   101   16-38 

Taken    by   clerk    99  37 

When    taken     99  37 

Whom    included    99  37 

Center  of  School  District  defin- 
ed   .  .119  47 

Certificate    of    election     81  32 

Certificate  of  graduation  front 
certain   institutions — 

A    license    to    teach    269  115 

Chairman    of    district    board.  .  .    94  36 

Children       required       for       new 

school,   number   of    107  41 

In    unorganized   territory    ..108a     43 

Child  labor,  prohibition  of.. 150  64 

City   Superintendent — 

Appointment    of    204  87 

Duties    of    204  87 

Endorse    certificates    204  87 

May    revoke    certificates 204  87 

Qualifications    for     204  87 

Tenure  of   office  of    204  87 

Commissioned    Goverened      Cit- 
ies     2'05a  89 

Consolidation    of    Schools     ....    73b  27 
What 'districts      may      or- 
ganize     73b  27 

Necessary    steps    7>3b  27 

Plans   Must   be   Approved   73b  27 

Contagious    disease    46  16 

County  Board  of  Education — 

Adopt    text    books    226  102 

Limitations    on    227  103 

Term  of 235  104 

Chairman-  of    225  102 

Duties  of    225-227    102-103 

Furnish      printed      list         of 

books    232  104 

Meeting   of    226  102 

Provide    free    text    books, 

when     233  10-1 

Quorum,   defined    225  102 

Secretary    of     225  102 

Supt.    reports    annually 227  103 

County  Judgre — 

Takes  action  in  case  of  deaf 

and    blind    247  108 

Tries    violators    of      truancy 

law     149  63 

County    Commissioners — 

Contracts   for   text   books    ..229  103 

Provision  of  contract    23'0  103 

Levy    tax,    when    120  47 


Sec.  Page 

Levy    general    school    tax... 125        51 
Must      Provide      Schools      in 

some  cases    7'3a       26 

Must        Provide        Schooling 

Privilege    108a     43 

Select  book  depositories    ...229     103 
County   General   School  Fund — 

Apportionment    of    49        17 

How    derived    50        17 

County   Superintendent — 

Administer  oaths    45        16 

Apportionment      of        school 

fund    48        17 

Bond,    official,   gives    23          9 

Brings    action    for   gaming.. 393-     128 
Calls   election   for  organiza- 
tion   of    independent    dis- 
trict      174        75 

Reports         for        arbitration 

board    175,       76 

Close  schools 46i        16 

Compares    census    100        38 

Conduct     agricultural     con- 
test     42a        15 

Continuance    of    school      or- 
ders     114        45 

Deposit    fees,    shall    432      138 

Deputy,   may   appoint    25          9 

Documents  and   books,   must 

preserve     30        11 

Duties   of — 

Examines    officers'    acc'ts.    4'3        16 
Examination  questions  to  be 

used    by     n          4 

File   certified  statement  of 

examination  of  accounts   43        16 
Grants    Nth    grade      diplo- 
mas      147        61 

Institute,   holds,   see   insti- 
tutes— 
May    excuse     Indian     child 

from   school    422      135 

Member   county      board      of 

education    225      102 

Music,  must  provide  for  jn 

institute    I38a     59 

Must      deposit      all      fees 

monthly    432      138 

Necessary  action  by,  as  to 

deaf  and    blind    250      108 

New    bonds    for   school   of- 
ficers,   may    require    ....    88        35 
New    census,    may    order.. 100        38 
Notifies    chairman    of    cor- 
rectness  of   reports    ....  105        40 
Notifies   clerk   of   teachers' 
failure    to    attend      Dis- 
trict  Institute    136        57 

Notifies   clerk   of   teachers' 
attendance    at       District 

Institute    136        57 

Organize   county   into   teach- 
ers   Institute    District.     136        56 

Prohibition  on 418      135 

Provide  poll  and  tally  lists  81        32 

Repairs,   may  order 32        11 

Reading    Circle — see 

Conducts  annual   exami- 
nation         39        12 

Reports  enrollment    ....    39        12 
Records,    must   keep — 


INDEX 


Sec.  Page 
.  nts       for    certifi- 

34  12 

i'ortionment    of    state 

!    county    funds    ...    36  12 

rtificates    .    34  12 
Af                    at    teachers' 

136  57 

issued     ....    34  12 

acts    33  12 

Statistical  records,  must 

keep    36  12 

-     employed     ...    35  12 

•.vises    schools     31  11 

Visits   district  schools    ...    32  11 

u    of    24-419    8-135 

tion    of     21-419    8-135' 

Limitations    of     number      of 

n.is    of    21-419    8-135 

May    not    hold   other   office..    26  9 

;ings    of    2  3 

-M. dium  of  communication..    44  16 

Mileage    allowance     29  10 

Oath    of     23  9 

Office  of,  may  provide    30  11 

Ity    for    failure    to    visit 

.ool     28  10 

Qualifications    of    23  9 

Reimbursed     for  •    Traveling 

nses 29  11 

:  y     u7  9 

Method    of    Computing-     ..27a  10 

n    name    in    register    ....    28  10 
.     furnish     commis- 

31  11 

ind        printing, 

iiity    must    provide    ....    30  11 
certificate   of   visit 

required     38  10 

Filed  with  auditor 28  10 

:n    of    21  8 

"f  Study    136  56 

Additional  subjects,  how  se- 

81  32 

Studies    required     .  .  .  .i::',S-252    58-109 
County    Treasurer — 

Duties  of.  in  case  of  division 

of   districts    71  24 

.tion    148  63 

<'«mlr:iet.s 

•  lition    of     136  55 

•iiihition    on     146  61 

by    a    majority   of 

board    110   44-55 

li.-rs-.  must   be   written.  110  44-55 

•  book    229  103 

IH'nf    and    IHiiid — 

t8,    when  .  .247  108 
Orders       child         sent         to 

school    L'47  108 

Summons    parents     217  108 

Duties    of    eounty    siipt 2f>0  108 

•  •ation    of    

Kx  •  wliom    paid  .  .  _ 

,s;i  1    to    Ob< 

F  >efae-  in-  -nt    of    property     ...142  60 
I  >i<-tiona  ry    must    be    provid- 

<•<*    "• 145  61 

IJiploiiin — 

Kiirht   grade — by   Co.   Supt.    147  61 


Dtetrict*,  School — 

A   corporation    74  30 

in-fined 66  21 

Division   of    69  22 

Named,    how    66^-72    21-24 

Township,    shall    remain.    67-&S  22 

Boundary,   not   changed...    67  22 

Boundary,    how    formed     .68  ~ 
Separation      from      larger 

districts 70^    24 

District    School   Board — 

Act    as    board    of    education, 

when    223  102 

Annual  meeting  of 120  47 

Attend    officers'    meeting    ..111  45 
Chairman — 

Duties    of    94  3g 

Salary  of 105-  40 

Clerk- 
Census  taken    by    99  37 

Draw    and    sign    warrant.    98  37 

Duties    95  35 

-List  of  property  furnished 

to  assessor,   by    124  51 

Minutes  of  meetings,  kept 

by    97  37 

Notify      auditor      of       tax 

levy     us  47 

Prepare  annual  report   ...    96  37 

Salary     105  40 

When   not  paid    105  40 

Election   of    79  31 

Electors   may   instruct    SI  32 

Majority    have    authority     ..133  54 

ting   of    ." 92  36 

Members   of,  may    not   teach, 

when 106  40 

Personnel    of    80  31 

Terms  of 80  31 

Powers   and  duties — 

Admit   pupils    from      other 

schools     112  45 

Allow   public   meetings    in 

school     house     147a  62 

Assign    pupils    to   schools    112  45 

Assist    teacher     117  45 

Buildings    may    be    leased 

by    107  41 

Control   property    107  41 

Direct    removal    of    school 

house     119  47 

Discontinue   school    when    113  45 

Dismiss    teachers     110  45 

Kmploy    teachers    107  41 

Kxp.-l    or    suspend    pupils..  117  41 

Fuel,    provided    by    109  46 

Locat-    schools     107  41 

•   organise    schools    107  41. 

Purchase     propeity     ii'i  48 

Impairs    ordered     by     109  44 

Schools  must  be  continued 

when    114  45 

Provide    dictionary     ....           145  61 

<1"     FlMtf     .  .  ." i34a  55- 

Provide    register    136-139    55-59 

Purchas"    apparatus     147,  61 

lification    of     x2  33 

Special    met-ting    of    92  3g 

Presiding    officer   of    93  36 

Temporary   officers    90  35 

Ti-'-asurer — 

Annual    report   of    126  51 


INDEX 


Sec.   Page 
Draw   money   from   county 

treasurer    102  39 

Endorses   warrants,     when 

short    of    funds    103  39 

Registration    of    103  39 

Notifies    holder      of      •war- 
rants      103  39 

Pay    warrants    .  .... 103  39 

Salary    of    105  40 

When  not  paid    105  40 

District  Teacher's   Institutes — 

Compensation  for  attending-  136  55 
County      divided      into      dis- 
tricts,  when    136  ."5 

Limitation      of      number      of 

meetings    136  55 

Penalty    for    failure    to      at-"-. 

tend     136  55 

Reading    circle    work    ....136  55 

Disturbance    of    school    141  60 

Educational    library     IS  7 

Eight   grade   graduates    147  61 

Elections — 

Annual    81  32 

Certificate  of  election   .  .  ;  .    81  32 

Clerk    of    8,1  32 

Date    of    79  31 

Electors   to  vote    81  32 

Judge   of    81  32 

Notice   for,    posting  of    ...    81  32 

Opening    of    polls,    time    of  81  32 

Patrons     instruct     board..    81  32 

Polls  remain  open,  time  of   81  32 
Tie      election,      disposition 

of    81  32 

Voting   by    ballot    81  32 

Board    of    education,       inde- 
pendent  district    180  80 

Notices  of    181  81 

Nomination    of    candidateslSl  81 

Withdrawal   of   candidateslSl  SI 

Conduct   of    election    181  81 

Returns    of   election    181  81 

Bonds,    school    152  67 

Record    of,    filed   with    au- 
ditor  16D  71 

Organization  of  independent 

district  for    174  75 

Removal  of  school  house  forl!9  47 

Township    high    school,    for    213  99 
Employment  of  women  and 

children     150a  65 

Prohibition    of     150a  65 

Emoluments — 

Teachers      prohibited      from 

receiving    236  105 

Endorsement — 

Certificates  of 15-56  6-19 

Warrants    of    103  39 

Examinations — 

Expenses  for,   paid  by  coun- 
ty        60  20 

Fees    for    59  20 

Held    by    state   supt 10  4 

Life    diploma    13  5 

Questions    for,    prepared    by 

state  supt 11  4 

Reading  circle    39  12 

Regulations    for    59  20 

State    certificates    13  5 


Sec.   Page 

Teachers'         county      certifi- 
cates        59  20 

Teachers   draw  pay,  while 

attending    61  20 

Experiment    .Station    (U.    S.)     ..270  116 

Farmers'    Institutes     271  116 

Fees — 

Certificates     16-59    7-20 

Disposition     of     432  138 

Fences   must   be   provided    134  54 

Fines,    how    collected     77  31 

Flags,    must   be    provided    .  ...134a  55 

Forfeiture   of    certificates    140  60 

Free    school    system     402  130 

Free    Libraries     -212a  93 

Free   text   books    233  104 

Free    tuition    in    state    institu- 
tions       .266  114 

Honorable     discharged     sol- 
diers'     267  115 

Students    appointed    by    leg- 
islators      266  114 

Gaming — 

Defined,     punishment 392  127 

"Graff- 
Prohibition     of     236  105 

High    Schools — 

Accredited    to    higher    insti- 
tutions           3  3 

Establishment    of     190 

Inspection    of     3  3 

Township     213  99 

Holidays — defined     136  55 

Humane   treatment   of  animals    144  61 
Indian   Children — 

Education     of     422  135 

A.ge    limit    422  135 

Courts    of   jurisdiction    429  137 

Duties    of   peace   officers    ...427  137 

Demand    for   attendance    ...423  136 

Enumeration     of     136-7      58 

Excused    on   account   of   dis- 
tance      422  135 

Excused     by     county     super- 
intendent,    when     42'2  135 

Penalty    for   failure    to    send  422  135 
Penalty    for    intimidation    ..428  137 
Period    of    required    attend- 
ance     422  135 

Independent  School  Districts — 
Attachment        of        adjacent 

land     176  77 

Bible   may   be    read    203  87. 

Board    of    education    of    ....179  80 

Clerk     of 183  S3 

Bond     and     oath,       filing 

of     184-185  83 

Compensation     of     18:'. 

.    Duties     of      IS: 

Report    by     188  '     8-4 

Committees,    appointed    bylS7  83 

Compensation    of    183  83 

Election    of     ISO  SO' 

High     school,     established 

}>y      19  'I) 

Meetings    of     186  84 

Membership     of     179  80 

Organize     graded     school.  190  8'5 

Organization     of     183  83 


INDEX 


Sec.  Page 
iiul.    SH,OOI    I)i*t. — (Continued) 

<  >aths    of     184  S3 

183  83 

s     of      ]  79  80 

•  »f     180  80 

•  1   and   oath    of    185  83 

!>y     

Levy     taxt-s      191  85 

-'•hool     bonds... 194  85 
City     un<i-                    tl     charter 

,iz--s     174-174^  75 

...rat"     l.ody.    a     17  .  79 

—    limitation 

202 

Examining     committee     ....204  87 

:arian    203  87 

Taxable    property     192  85 

Institute- — 

Annual — must    be    held    ....    40  13 

iitional  appropriation  for  40  13 
tiried      statement        from 

;<-tor     40  13 

if     8  4 

itrict    38-136    12-5r, 

Funds    for     40  13 

.t     county      , 41  13 

Rules    for    7  4 

I  n  to  \icating  liquors,  sale  of 

389-433    127-139 

Judgment!*     75  30 

Justice  of  the  peace- 
Shall        have        jurisdiction, 

76  31 

l.ihraric*.     Mcliool     20«  92 

Book    caae    provided    209  93 

•uits     210  93 

Funds,    how   created    206  92 

Library     board     

Library    rules     97 

Librarian     208  92 

Warrants    <>n  fund,   issue  of  212  93 

Life      Diploma      13  5 

Loss  of  Pay — 

Failure    to    attend       district 

institute    136    <6)  56 

No    loss,    attending-    examin- 
ation         61  20 

loss.       while       attending 
district    meetings    38-42    12-14 

Meeting* — 

Board    of    education    186 

due-tors    of    institutes     .  .      9 
nty    board   of  education    226 
nty    superintendents     ...      2 
district    school    officers     ...    42 

District   school   board    :»2 

Moral     I  iiM  ruction     ....      ; 143 


84 
4 

102 
3 

14 
36 
60 

•  —  must   he   taught      138-138a   5-8-59 
Normal     Institute*     40         13 

Normal     Schools 

Admission    to     378c  125 

ficates    issued    to      stu- 
dents     3I8d  125 

Control    of    378a  124 

Establishment    of     37Sa  124 

Location    of    378a  124 

Xonsectarian     378e  125 

Objects    of    378b  124 

Regulations    by    regents    ..378e  12." 


Sec.  Page 
\ortheru    Normal   and   Industrial 


125 


20 


Location    of    ...............  Sir- 

Objects    of     ................  3Su 

\otioes  — 

Beginning    of    school,      by 

teacher     ................  13  i 

Examination    of   teachers    .  .    60 
Oaths  — 

Administered   by  supt 

By    officers    of    districts 

Filing  of,  by  officers 


45        16 
..    45        16 
23-89  9-35 
184-215   83-99 
.....................  256      112 

Taken   by  — 

All   school  officers    ...84-1S4    34-83 
Superintendent     .........    23          9 

Members    board      of    reg- 

ents    .................  256        99 

Officers  —  District  — 

Annual    meeting    of     .......    42        14 

How    called    .............    42        14 

Mileage        for        distance 

traveled     .............    42        14 

Per  diem   allowed    .......    42        14 

Plan    of    meeting    ........    42        14 

Teachers    may    attend    ...    42        14 
Incapacity    of     .............    91        35 

Duties  of  — 

Chairman    ..............    94        36 

Clerk     ..................    95        36 

Treasurer    ..............  I1  - 

Patrons  —  (Electors)  — 

May    instruct    the    board    ...    81        32 
May   petition   for,     certain 

teacher    ................  110        44 

Penalties  —  for  — 

Defacement   of   property    ...142        60 
Disturbing   of   school    ......  141        60 

District    board,    not    heeding 
petition   for  — 
Engagement    of    certain 

teacher    ..............  110        44 

Employment    of    children    ..150        64 
Failure   of   truant   officer   to 

act     ....................  149        63 

Failure   to   provide   teaching 

of    physiology    ...........  241      106 

Failure  to  send  Indian  child 

to    school     ...............  425      136 

Gaming    ..................  393      128 

Non-attendance    of    teachers 
at    district    meetings    ----  136 

Officer  not  making  of  annu- 

.    al    report    ...........  43-52    16-17 


1.1 


Removal      of     timber     from 

public    lands     395  129 

Trespass  on  school  and  pub- 
lic    lands     394  128 

Wilful    destruction    of    rec- 
ords     127  r.: 

Petition — for — 

Bond    election    151  66 

Certain    teacher    ,.110  44 

Change    of   district    bounda- 
ries     69-70    __-_: 

73-176    25-77 

Free    text    books    233  104 

Special    meeting    of    voters.    93  36 

Discontinuance    of     218'  100 

Truancy,    investigation    149  63 


INDEX 


Sec.  Page 

Plans   for   school  houses    237      105 

Plat   for   county    78        31 

Physiology  and  Hygiene — 

Must    be    taught    238      106 

Penalty    on    failure    of    dis- 
tricts   to    provide    241      106 

Teacher's    examination    in.. 240      10'6 

Texts    in,   denned    239      106 

Prohibition    on    teaching    63         20 

Property — 

Exempt   from    taxation 

387-421   126-135 

Exempt    from      attachment 

or    execution     397      129 

Publication    of    itemized    state- 
ment   of    treasurer 1 2  &        51 

Rate  of  taxation — 

Ind.   city    districts    191        85 

Rural    districts    118-118%    120-47 

Reading  Circle — 

Board    of   managers    17          7 

Encouraged    by    superinten- 
dent        39        32 

Funds    of     17          7 

Officers     of 17          7 

Program  of  district  institu- 
tes, must  pertain  to..  136    (6)        55 

Purpose     of     17          7 

Records — 

Mutilation    of,    penalty    for    127        52 

Open  to   inspection    132        54 

State    superintendents    18          7 

Removal   of    School   house    81-119    32-47 

Renewal    of    certificates     15  6 

Repair    of    school    house    81 

Reports- 
Biennial    reports — 

Board    of    regents    282     119 

President  of  University  of 

South    Dakota     362      122 

Superintendent   of      public 

instruction    6          4 

District   officers    81        32 

Approved  by  superintend- 
ent     131        54 

.   Clerk    must    make    96        37- 

Failure    to    make,    penalty 

for 128        52 

False   report,   penalty  for   127        52 

Treasurer,  to  make 126       51 

Independent    districts — 

Clerks,    to    make    188        84 

Treasurer    makes       report 

monthly     189        84 

Teachers — 

To    parents     136        55 

To   superintendent — 

Monthly     136        55 

Term     140'       60 

Revocation    of    certificates    64        21 

Appeal,    in    case    of    6;5        21 

Causes    for    64 

County    supt.    to    revoke    ...    64        21 
Duties  of   supt.   in  case   of..    65        21 
State  supt.   shall  revoke    ...    15          6 
Regents   of      Education,      board 

of     253      112 

A    legal    corporation     261      113 

Apportionment   of    253     112 

Appropriation     for,     perpet- 
ual    .  277      118 


Sec.  Page 
Regents  of  Education,  Board 

of — (Continued) 

Biennial     report     of     282      119 

Committees    of     259      113 

Compensation    of    2801     118 

Duties    of — 

Cause  surveys  to  be  made272     116 
Climatic  conditions  ascer- 
tained  273     116 

Geological  map  tb  be  pre- 
pared     273      116 

Reports   from   special  em- 
ployes,   receive    275     117 

Specimens,    prepare,      of 

soils,    ores,    etc 274     116 

Different    parties    represent- 
ed  on    254      112 

Eligibility    of     254     112 

Expenditures,  regulation  of  278      118 

Expenses    of     281      118 

Expiration  of  term   of    253      112 

Failure    to   attend    meetings, 

terminates    services     260'     113 

May   employ   stenographer    .259     113 

Meetings   of    257      112 

Number    of 253 

Oath  of  members  required  ..  256      112 

Officers    of    258      113 

Powers    of — 

Authorized    to    confer    de- 
grees      26'9      115 

Administer  oaths    263      114 

Bring    suits     262      112 

Control   experiment   station 

(U.     S.)      270      116 

Delegate   powers   to    heads 

of   institutions,   may    ...26i6      114 
Employ    members    of      va- 
rious   faculties    264     114 

Encourage   farmers'   insti- 
tutes      271     116 

Fix    compensation    of      in- 
structors,   employes     ...264      114 
Manage  all  institutions    ..264      114 

Make    contracts    262 

Prepare  courses  of  study   265      114 
Purchase  and  sell  proper- 
ty      262      112 

Rules  and  regulations  pre- 
pared  by    265      114 

Select    text   books     265      114 

Prohibition    on       multiplica- 
tion  of   departments    268'     115 

Secretary    of    Board — • 

Selection   of    258      113 

Salary  and  expenses  of   ..281     118 

Term    of     25.8      113 

Term    of   appointee    255 

Treasurer   of  board    276'     117 

Vacancies,   how  filled    255 

Vouchers'   of,    payment  of    ..279      118 

Salaries — 

Board  of  education    ..183-224   &3-102 
County    superintendent    ....    27 

Deputy    county    supt 25 

District    school    board    105        40 

State    superintendent    20' 

Saloon,   in  proximity  to  educa- 
tional   or    religions    building 
prohibited    389-433    127-13* 


INDEX 


Sec.  Page 

Saturday,    not    a    school   day    ...135        55 
Schools — 

Ap>  .ug     .  .114        45 

s1   institu- 

136        56 

s    to      at- 
;     •  diieati"iial    assoria- 

136        57 

meeting    •- 

J  >iscontinuance    of    113        45 

of    141        60 

Ma  d  by   supt 46        16 

School  board — see  district  School 

board. 
School  Corporations — 

66        21 

Naming   of    72        24 

May  -ricultur- 

al    lands     12  Ib        49 

•ial  Act 

larter     242      107 

School  Districts — see  district. 
School  Houses — 

Building     of     158        70 

Advertisement     for     bids.,  l.js        70 
J:>.iids    for    faithful      work 

ired    158-430    70 

juirements    and    con- 
ditions      430      137 

Adjudication    of    claims   430     137 
1'arties    furnishing    ma- 
1    or      labor      may 

intervene     431      137 

431      137 

Suit,    bringing   of    431      137 

Surities  liable,   when  and 

amount    431      137 

May  be  used  for  public  m- 

ings     147a        62 

Plans     approved       by       state 

:  inU-ndent     237         79 

ioval  of    M-119   32-47 

81         32 

Selniol     >enr.    defined     135  55 

School    sites     122         50 

School   for  Deaf  Mutes — 

ntrol    of    350     119 

Imties   of   board    352      119 

ly     :j  5  2     119 

Employment  of — 

Matron     352      119 

•rintendent     352      119 

352      119 

Sal  352     119 

rib'-     rub's     352      119 

:  t    to    LVovernMr    3."  2 

.blishment    of     350      119 

ition    of    350      119 

Purpose     of     351      119 

Tuition    in    :;fi3     120 

School  of  Mines— 

Admission   of   students   to    ..382      126 
Faculty     for — selection,     re- 
moval      384      126 

Fees    for,   collection   of    ....383     126 

Location    of    380     12." 

Object    of     381      126 

Rules    and    regulations     ....38:; 


Sec.  Page 
Sectarian   doctrine,   prohibited 

in   schools    203-417    87-134 

SiiikiuK    Funds,   investment  of   154a  69 

Special    certificates     62  20 

State   <  ollene   at  Brookings — 

Control    of    364  122 

Course   of  study    368  123 

Chief    executive    officer     ...370  123 
Establishment  of,  and  name 

of     364  122 

Experiment    station     374  123 

Faculty    370  123 

Annual   report    of    373  123 

Employment    of    367  123 

Removal    369  123 

Salaries    369  123 

Location    of    364  122 

object     of      365  122 

Kegulations  for  government370  123 

School  year,  length  of    368  123 

Student    labor    372  123 

Sub-experiment   station — 

Appropriation     for     378  124 

Lands   for,   lease    377  124 

Location    of    375  124 

Purpose    of     375  124 

Studies   to   be   taught  in   public 

school    13S-252    58-109 

State   supervision    1  3 

Summer    Schools     42a  14 

Superintendent — 

County — See  county  supt. 
State- 
Appeals,    determined    by..      4  3 
Blanks,   furnished  by    ....      5  3 
Book    of    forms,    prepared 

by    5  3 

Books    and    papers    of    of- 
fice,    preserves     18  7 

Certificates    issued    by    ...    12  4 

Renewal    of    15  6 

<>ked    by    15  6 

Validated      from      other 

states     15-  6 

Election    of     399  130 

Eligibility    of     399  130 

Examination,    held    by    ...    10  4 
Examination        questions 

prepared   by    11 

Expenses   of 20'  8 

Deputy     19  8 

'ieral     authority     1  3 

ct    high    schools    ....      3  3 

Institute,    attended    by    ...       7  4 

M'-t-t    county   supts 2  3 

ting    of    institute    con- 
ductors           9  4 

«  MTU--   provided    18-398    7-129 

•:nion    given    by     4  3 

Plats     of    school    districts 

furnished    to    78  31 

Powers  and     duties,     how 

prescribed     400  130- 

K.-c.M-ds  of,  must  keep  of- 
ficial         IS  7 

I  :•  milations    for  examina- 
tions   prepared    by    . .  .  .    601  20 

Report   of   biennial    6  4 

Sa  lary     of     20  & 

Term    of     .                                 .  .399  130 


INDEX 


Sec.  Page 
Taxes— Levy  of—- 
Commissioners   levy   in    case 

of   division   of   district    ...    69        22 

District  school   board    118        47 

Levied  for  school   purpos- 
es   by    commissioners.  .  .120        47 

Limit    of    US         17 

Notice   to   county   auditor    129        52 
Levied    by    board    of    educa- 
tion     191        85 

Limit    of    191        85 

Notice  of  sent  to  auditor  191        85 
One  dollar  tax  on  all  elect- 
ors      125-388     51-127 

Satisfy    judgments     7;5        30 

Township    high    school    pur- 
poses      221      101 

Teachers — 

Attend   district   meeting    ...136        57 

Classify    pupils     136        56 

Co-operation   of  board    117        46 

Employment    of    136        55 

Humane    treatment    of    ani- 
mals to  be  taught  by   ...  .144        61 
Hold      examinations      and 

make    reports     136        56 

Moral   instruction,  given  by  143        60 

Notices    to    supt 136-137      55 

Prohibitions    on    ....236-418    10',% !:?."> 

Reports   made   by    136-140    56-60 

Teachers'  certificates — see   cer- 
tificates. 
Temporary  school  officers 


rO-9-0-91    23T35 
..233      104 


Text  Books — 

Free   use  of    

Uniform    county    system 

226    to    236  102 

Township  High  Schools — 

Board   of  education    ..215-223    99-102 

Duties    of    216  100 

Levy  taxes    221  100 

Membership   of    215  99 

Meeting    of     220>  101 

Salary    of     224  102 

Corporate    name    of     222  101 

Discontinuance     of     218  100 

Election     for     21-5  99 

Petition    for    213  99 

Union   of   townships    217  100 

Township    school    district    68  22 

Children,    number    required.    618  22 

Divided — proceedings      69  22 

Formation    of    70  23 

May   combine   several   town- 
ships      108  42 


Sec.  Page 

I  r:ins|»oi  Ijition    of    pupils     108  42 

Trees   and   Shrubs — 

Planting    and    protection   of, 

required     134  54 

Truant   Officer — 

Appointment   and   duties   of. 149  C3 

Tuition   in  high  school*    147  61 

University  of  South  Dakota — 

Admission  to.  requirements  356  121 

Apparatus    provided     36'0  121 

I'.iennial   report   by   regents    363  122 

Control    of     354  120 

Degrees     conferred     358  121 

Departments    of    358  121 

Establishment    of     354  120 

Faculty    for    358  121 

Salaries    and    removal    of.oSS  121 

Location     of     354  120 

Non-sectarian    35i7  121 

Object    of     355  120 

Report     of    president,     bien- 
nial      362  122 

Specimens,    property   of    ....361  121 

Unreasonable  distance,  how  de- 
termined      107  41 

Woman— 

Hold    office     401  130 

May    vote     4'01  130 

Qualifications    of    401  130 

Vacancy — 

Board    of       education,      how 

filled     182  83 

District   school   board,   on    .  .    83  33 

milling    of     91  35 

Voters — 

Meetings    of     93  36 

\Vi  million.     I  niversity    at     354  120 

Vivisection,    prohibited     144  61 

Warrants — 

Bill   to   be   presented,   before 

warrant    is    drawn     98  37 

Countersigned    by    chairman    98  37 

Drawn   and   signed   by   clerk    98  37 

Draw   interest,    when    103  39 

Endorsement    of    lack    of 

funds     103  39 

Manner    of    drawing    104  40 

Must  not   be  issued  prior  to 

incurring    of    indebtedness!04  40 

Register    of,    kept    103  39 

Vouchers,    retained    98.  37 

Water  Closets — 

Must  be  provided  and  cared 

for 109  44 

Supt.   may  order  changes    .  .    32  11 


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